KEVITA NATIONAL BOOCH DAY 2023 SWEEPSTAKES
KEVITA NATIONAL BOOCH DAY 2023 SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. 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 National Booch Day 2023 Giveaway (“Sweepstakes”) is sponsored by Tropicana Products, Inc. (“Sponsor”), 433 W Van Buren St, Chicago, IL 60607.
- SWEEPSTAKES PERIOD: The Sweepstakes begins on January 15th, 2023 at 11:00 AM Eastern Time (“ET”) and ends on January 18th, 2023 at 11:59:59 PM ET (“Sweepstakes Period”). The Sponsor’s computer is the Sweepstakes official clock.
- 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, Havas Formula, LLC, Integer Denver, a Division of The Integer Group, LLC (“Administrator”), and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.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 applicable 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.
- HOW TO ENTER: During the Sweepstakes Period, an eligible entrant may log on to his/her Instagram Account, find the post about the Sweepstakes posted by @KeVitaDrinks (“Sweepstakes Post”) 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 the Sweepstakes Post (collectively, “Entry”). Entrant must follow @KeVitaDrinks and @icemulecoolers during the Sweepstakes Period and for a period of thirty (30) days thereafter for prize notification purposes.
To participate in the Sweepstakes via Instagram, an entrant must have an Instagram account. Entrants may create an Instagram account at no cost by logging on to http://instagram.com. Creation of an Instagram account requires entrant to agree to Instagram’s Terms of Service and Privacy Policy, available at http://instagram.com/about/legal/terms/ and http://instagram.com/about/legal/privacy/, respectively.
If 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.
There is a limit of one (1) Entry per person during the Sweepstakes Period, regardless of method of entry. Multiple Entries from any person will be void.
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, it shall be deemed 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.
- ENTRY GUIDELINES AND REQUIREMENTS: Each Entry:
- Must be in English;
- Must not disparage Sponsor, or any other person or party affiliated with the promotion and administration of this Sweepstakes;
- Must not contain, facilitate, reference, or use material that is dangerous, fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
- 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:
- any cruelty to, or mistreatment in any way of animals;
- gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
- 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;
- the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
- 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
- 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.
- WINNER SELECTION. On or around January 20, 2023, one (1) potential winner will be randomly selected from all eligible Entries. The odds of winning the prize depend on the number of eligible Entries received during the entire Sweepstakes Period.
- PRIZES, APPROXIMATE RETAIL VALUE (“ARV”): Winner will receive one (1) prize package: one (1) ICEMULE Jaunt 9L cooler, two (2) coupons redeemable for a 15.2oz KeVita bottle, a hammock, and a pair of sunglasses. Total ARV: $159.95.
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 (or portion thereof) of comparable or greater value. Prize cannot be redeemed for cash. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner is responsible for all federal, state and local taxes, if any, as well as all costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.
- HOW TO CLAIM A PRIZE: Potential winner will be notified via direct message (the “Notification”). 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.
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.
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 prize will only be awarded to a verified winner. Released Parties (as defined below) shall not be held responsible for any delays in awarding the prize for any reason. Prize will be fulfilled via U.S. mail within 6-8 weeks after winner confirmation.
- LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities, Meta Platforms dba Instagram, and their respective parents, 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 (collectively, “Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, inaccurate, garbled, or undeliverable Entries, comments, tags, direct messages, email, or other communications of any kind, 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, human, or typographical or other error related to or in connection with the Sweepstakes, including, but not limited, in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prize, or in any Sweepstakes-related materials; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. 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. Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer or device related to or resulting from participating in the Sweepstakes and/or accepting a prize. 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, postage due, 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 to the fullest extent permitted by applicable law: (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.
- PRIVACY POLICY: Sponsor’s privacy policy is available at https://www.tropicanabrandsgroup.com/privacy-policy/.
- 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, Instagram handle, 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 any and all media, now or hereafter devised, 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.
- 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.
- 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.
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