Drink In Culture Rules
Drink In Culture Sweeps Official Rules
NO PURCHASE NECESSARY TO ENTER. PURCHASE WILL NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED. MESSAGE & DATA RATES MAY APPLY.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM
The KeVita Drink In Culture Sweeps (“Sweepstakes”) is sponsored by KeVita, Inc., (“Sponsor”), 2220 Celsius Ave., Oxnard, CA 93030
1. SWEEPSTAKES PERIOD: The Sweepstakes begins on August 12, 2019 at 12:00 PM (noon) Pacific Time (“PT”) and ends on September 30, 2019 at 11:59:59 PM PT (“Sweepstakes Period”). The Sweepstakes consists of seven (7) separate entry periods, six (6) First Prize Entry Periods and the Grand Prize Entry Period (each, an “Entry Period”) and a “Grand Prize Drawing”, as set forth below (all times PT):
|Entry Period||Start Date (at 12:00 AM, except on August 12, 2019)||End Date (at 11:59:59 PM)||Mail-In Entry Received by Date||Drawing Date (on or about)|
|First Prize Entry Period 1||August 16, 2019||August 22, 2019||August 29, 2019||August 30, 2019|
|First Prize Entry Period 2||August 23, 2019||August 29, 2019||September 5, 2019||September 6, 2019|
|First Prize Entry Period 3||August 30, 2019||September 5, 2019||September 12, 2019||September 13, 2019|
|First Prize Entry Period 4||September 6, 2019||September 12, 2019||September 19, 2019||September 20, 2019|
|First Prize Entry Period 5||September 13, 2019||September 19, 2019||September 26, 2019||September 27, 2019|
|First Prize Entry Period 6||September 20, 2019||September 26, 2019||September 30, 2019||October 1, 2019|
|Grand Prize Entry Period||August 12, 2019||September 30, 2019||October 7, 2019||October 8, 2019|
Non-winning entries in an Entry Period do not carry forward to a subsequent Entry Period. The Sponsor’s computer is the Sweepstakes official clock.
2. ELIGIBILITY: This Sweepstakes is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of Sponsor, The Integer Group, and Ignited, LLC, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void where prohibited or restricted by law.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
3. HOW TO ENTER:
A. Instagram Entry: During the Sweepstakes Period an eligible entrant may log on to his/her Instagram Account, and tag a friend (who must be eligible to enter this Sweepstakes as set forth in Section 2 of these Official Rules) in the comment section of one the “Sweepstakes Posts” along with the hashtag #KeVitaSweepstakes (collectively, an “Instagram Entry”). For each First Prize Entry Period, there will be a unique Sweepstakes Post(s). There is also a separate Sweepstakes Post(s) for the Grand Prize. To receive an entry, the Entrant must tag a friend in on the respective Sweepstakes Post to receive an Instagram Entry.
Entrant must follow @KeVitadrinks during the Sweepstakes Period and for a period of thirty (30) days thereafter for prize notification purposes.
B. Mail-In Entry: To enter without making a purchase, an eligible entrant may hand-write his/her complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP Code, daytime telephone number, and date of birth (MM/DD/YYYY) on a post card acceptable to the US Postal Service (“Mail-In Entry”) and mail it with sufficient postage to: PrizeLogic, Attn: The KeVita Drink In Culture Sweeps, P.O. Box 251328, West Bloomfield, MI 48325.. A Mail-In Entry must be postmarked by the Entry Period End Date and received by the Mail-In Entry Received by Date (as indicated in Section 1) to be eligible for the applicable Entry Period. An entrant will receive one (1) entrant into the applicable Entry Period for a valid Mail-In Entry. Mail-In Entries must be legibly hand-written. Mechanical reproductions, postage-due, Mail-In Entries mailed in envelopes or sent in excess of the entry limits set forth below will not be accepted. A Mail-In Entry received without a verifiable and legible return address will be deemed incomplete and not valid.
For each Mail-In Entry, an Entrant will receive an entry into the active First Prize Entry Period and the Grand Prize Entry Period.
An Instagram Entry and a Mail-In Entry is collectively referred to as an “Entry.” There is a limit of one (1) Entry for the First Prize Entry Period and one (1) Entry for the Grand Prize Entry Period per day during the Sweepstakes Period. A day starts at 12:00 AM PT and ends at 11:59:59 PM PT each day during the Sweepstakes Period except on August 12, when a day begins at 12:00 PM PT and ends at 11:59:59 PM PT.
By submitting an Entry, each entrant agrees that his/her Entry complies with these Official Rules, including the Entry Guidelines and Requirements set forth in Section 4 of these Official Rules. Each entrant also agrees that the Sponsor may disqualify the entrant from the Sweepstakes if the Sponsor believes, in its sole and absolute discretion, that an Entry fails to comply with these Official Rules. If the Sponsor rejects any Entry, be disqualified and will not be considered a valid Entry.
By entering, each entrant warrants and represents the following with respect to his/her Entry: (a) the Entry will not infringe on any rights of any third parties and (b) that entrant has not and will not take any action that interferes with the rights granted to Sponsor under these Official Rules.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on the Sponsor’s website. Sponsor’s Instagram account, or other social media sites associated with the Sponsor.
If an entrant enters the Sweepstakes on his/her mobile device, message and data rates may apply. Entrants should consult their wireless service provider regarding its pricing plans. Entrants should review their mobile device’s capabilities for specific app instructions.
4. ENTRY GUIDELINES AND REQUIREMENTS: Each Entry:
A. Must be in English;
B. Must have a friend tagged who also has a public Instagram account;
C. Must contain the hashtag #KeVitaSweepstakes;
D. Must not include personally identifiable information;
E. Must not disparage Sponsor, or any other person or party affiliated with the promotion and administration of this Sweepstakes;
F. Must not include personally identifiable information;
G. Must comply with all other Entry Guidelines and Requirements and provisions of these Official Rules;
H. Must not contain, facilitate, reference, or use material that is dangerous, fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
I. Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
i. any cruelty to, or mistreatment in any way of animals;
ii. gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
iii. the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
iv. the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
J. Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
K. Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
L. Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created or otherwise promotes any unlawful, illegal, unsafe, dangerous or reckless behavior.
NOTE: If any Entry fails to comply with any of these Entry Guidelines and Requirements or any other provisions of these Official Rules, Sponsor reserves the right, in its sole discretion, to disqualify the entrant and the Entry will not be eligible to win.
5. RANDOM DRAWINGS. On or around each of the Random Drawing Dates set forth in the chart in Section 1, the Administrator will randomly select two (2) potential Entry Prize (defined in Section 6) winners from among all eligible entries received in the applicable Entry Period. On or about October 8, 2019, the Administrator will randomly select one (1) potential “Grand Prize Winner” from among all eligible entries received during the entire Sweepstakes Period. Each winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules.
6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
A. Grand Prize (1): A Grand Adventure. One winner will receive a $2,500 Visa® Gift Card, an Away “The Medium” suitcase filled with KeVita swag and free product. Swag includes a hoodie, three (3) t-shirts and one (1) water bottle (the “Grand Prize”). The free kombucha is awarded in the form of twenty (20) coupons that can be redeemed throughout the year for free 15.2oz single bottles of KeVita. Only available at participating retailers. Approximate retail value of the Grand Prize is $2,700.
B. First Prizes (12, two for each Entry Period): KeVita Adventure Packs. A Topo Klettersack travel bag filled with a Keep Nature Wild hat, KeVita swag and free product and five (5) KeVita Drink in Culture Patches. Swag includes a hoodie, three (3) t-shirts and one (1) water bottle. The free kombucha is awarded in the form of twenty (20) coupons that can be redeemed throughout the year for free 15.2oz single bottles of KeVita. Only available at participating retailers. The ARV of each First Prize is $425. Total ARV of all First Prizes is $5,100.
C. Total ARV. The total ARV of all prizes available in the Sweepstakes is $7,600.
D. Odds of Winning. The odds of winning an Entry Prize depend on the number of eligible Entries received during an Entry Period. The odds of winning the Grand Prize depend on the number of Entries received during the entire Sweepstakes Period.
E. General Prize Restrictions and Limitations: In no event will more than the stated number of prizes be awarded. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value. The GiftCards.com Visa Gift Card is subject to the terms and conditions of issuer, MetaBank®, Member FDIC, pursuant to a license from Visa U.S.A. Inc. The Visa Gift Card can be used everywhere Visa debit cards are accepted in the U.S.A. No Cash or ATM Access. MetaBank and Visa are not the sponsor of the Sweepstakes. Card may have fees that reduce winnings. Funds do not expire.
7. HOW TO CLAIM A PRIZE: On or about the Random Drawing Dates as set forth in Section 1, each potential winner will be notified via a posting next to a winning Entry on Instagram if the winning Entry was posted on Instagram (the “Notification”). The potential winner must then respond to the Notification within three (3) calendar days and provide his/her complete first and last name (no initials), street address (no PO Boxes), city, state, Zip Code, valid e-mail address, and date of birth.
The Grand Prize winner will be required to execute an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”) within forty-eight (48) hours from the date that the e-mail containing the documents is sent to the winner. If the potential Grand Prize winner fails or refuses to sign and return all Prize Claim Documents within the forty-eight (48) hour time period, the potential Grand Prize winner may be disqualified, at the Sponsor’s sole discretion.
If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize or, if Sponsor or its authorized designee is unable to contact the potential winner, or a prize is returned undeliverable, the prize may be forfeited, and in the Sponsor’s sole discretion, the prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion.
Each potential winner may be required to furnish proof of identification. Sponsor is not responsible for any winner’s privacy or spam filter settings which may divert any Sweepstakes message or e-mail, including any notification, to a spam or junk folder. The prizes will only be awarded to verified winners. Sweepstakes Entities shall not be held responsible for any delays in awarding a prize for any reason. Prizes will be fulfilled within 6-8 weeks after winner confirmation
8. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities, Instagram, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website’s users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. The Released Parties shall not be responsible or liable for Entries that are entered by any automated computer, program, mechanism or device, for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such Entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry in the Sweepstakes, the entrant’s sole remedy is to enter the Sweepstakes again to receive another Entry. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winner in a manner it deems fair and reasonable including the selection of the winner from among eligible Entries received prior to such cancellation, termination, modification or suspension.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the entrant’s Entries, participation or inability to participate in the Sweepstakes, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Sweepstakes materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize, (e) any change in a prize due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of any website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Sweepstakes, any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Sweepstakes and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
9. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF OAKLAND, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action.
11. PUBLICITY RIGHTS: By participating in this Sweepstakes, each entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
12. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
13. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Sweepstakes. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes.
GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that a entrant has registered, entered, or attempted to register or enter the Sweepstakes using multiple e-mail addresses, identities, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that Entrant will be ineligible to participate or win a prize. In the event of a dispute as to the identity of a Winner, the winning Entry will be declared made by the authorized account holder of the e-mail address associated with the e-mail address used to submit the Entry. The “authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each entrant may be required to show proof of being an authorized account holder. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Entries and/or materials submitted will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
15. WINNER LIST: To obtain a list of the winner, mail a self-addressed, stamped business-sized envelope to the KeVita Drink In Culture Sweeps, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received by November 15, 2019.
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