Big Game Party Giveaway Official Rules
- PROMOTION TIMING. The Big Game Party Giveaway (the “Promotion”) entry period begins on January 21, 2019 at 12:01:00 a.m. Pacific Standard Time ("PST") and ends on January 31, 2019, at 11:59:59 p.m. PST (the “Entry Period”). All eligible entries will be entered into a random drawing to determine the grand prize winner. Prize Winner will be announced on February 1st. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor whose decisions shall be final and legally binding in all respects and on all participants, and not subject to further review in any forum.
- ELIGIBILITY AND ENTRY: This Promotion is open to the general public. Entrants (each an “Entrant,”or “you”) must be United States residents who are twenty one (21) years of age or older at the time of entry By making an entry submission, you hereby release Sponsor, all of its affiliated entities, and all of their respective shareholders, officers, directors, members, managers, employees, agents, attorneys, successors and assigns from any and all claims relating to your entry submission, including without limitation arising from the risk of misdirection or misdelivery of your entry. In that regard, you specifically represent and warrant that no portion of your entry submission, shall infringe on the intellectual property, privacy or any other rights of any other person or entity. Sponsor, its affiliated entities, advertising and promotion agencies, and any and all other companies associated with the Promotion (collectively, the “Promotion Entities”), and each of their employees, contractors or other affiliates, and their respective immediate family members and/or people living in the same household, are not eligible to participate in this Promotion. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of Sponsor. This Promotion is and shall be void where prohibited by law.
Entrants may enter as follows:
- SMS (text message) “Drinkade” to 667-223-0428
- Alternate method of entry: send email firstname.lastname@example.org with subject line: BIG GAME PARTY GIVEAWAY and include name, mailing address, and phone number in text of email.
- Each Entrant must be a natural person, and each Entrant is limited to a single phone number. Multiple Entrants are not permitted to share the same phone number. Any incorrect or incomplete entry is void.
- Any attempt by any Entrant to obtain entries by using multiple/different phone numbers, identities, registrations or logins, or any other methods will void that Entrant's entries and that Entrant will be disqualified from the Promotion.
- Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including Promotion entry services) will void all entries by that Entrant. In the event of a dispute as to any entry, the authorized holder of the phone number used to enter will be deemed to be the Entrant. The "authorized holder" is the natural person assigned a phone number by a wireless communications provider or other organization responsible for assigning mobile phone numbers. Potential winner may be required to show proof of being the authorized holder.
- If, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, Sponsor reserves the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date.
- Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. Any attempt by a Entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
- Sponsor reserves the right to cancel or modify the Promotion if fraud or technical failures impair the integrity of the Promotion, as determined by Sponsor, in its sole discretion, and to award the prize based on eligible entries received prior to the cancellation.
PRIZE. Only the prize listed below will be awarded in this Promotion.
The approximate retail value of grand prize is $600.00. Package includes the following items.
- One (1) $500.00 BevMo! Gift card
- One (1) 24 bottle case of DrinkAde
Prize provided on an “as is” basis, without any warranty of any kind. Prize is not transferable. Prize may not be redeemed for cash or sold. Sponsor reserves the right to substitute a Prize (or portion thereof) of equal or greater value if the advertised Prize (or portion thereof) becomes unavailable.
Prize Winner is responsible for any and all applicable fees, service charges, surcharges, federal, state, and local taxes, if any, and any other unspecified expenses associated with acceptance or use of the Prize.
All estimated retail values are subject to change based on, among other things, normal price fluctuations associated with the marketplace. No substitution of Prize is permitted. If the Prize or the Prize notification is returned as undeliverable or any non-compliance with the Official Rules or failure to respond within the applicable time period, it will result in forfeiture of the Prize and will be awarded to the next entry with the greatest score as determined by Sponsor.
Prize will be awarded only if the Prize Winner fully complies with these Official Rules. Sponsor representatives each reserves the right to remove or to deny portions of the prize package to any winner who does not fully comply with these Official Rules.
Odds of winning a prize in this Promotion depend on the number of eligible entries received during the Promotion Period. It is anticipated that there will be many entries and only a total of 1 grand prize winner, as described above.
DRAWING AND WINNER NOTIFICATION. Prize Winner will be selected by random drawing of eligible and timely entries on February 1, 2019. Conduct of the Promotion is under the supervision of Sponsor. Prize Winner will be notified via SMS (text message). Prize Winner will be required to reply confirming Prize Winner's full name, e-mail address, and full mailing address within seventy-two (72) hours of the prize notification date. By texting to enter, the entrant grants permission to the sponsor to notify them via one (1) return text message per entry and must agree to accept all applicable charges associated therewith. By opting into this mobile alert and sending the announced keyword via text message to 667.223.0428, entrant acknowledges and agrees to receive text messages in response to the original submission, including a message confirming entry, by announcing the winner, legal disclaimers and options to receive future promotional messages from the sponsor. Standard text messaging and data rates may apply, as established by an individual's wireless carrier, and the sponsor assumes no responsibility for any fees or charges incurred for and associated with any text message sent to or from the Sponsor. Winners will be determined in accordance with the Official Rules. The text messaging method of entry is designed to work with most of the U.S. major wireless carriers in the United States, but the Sponsor makes no guarantee that any particular wireless service provider will participate, and the mobile phone that is used must be capable of sending and receiving text messages. Entrants should check their phone’s features to see if they have that capability. Wireless service providers may charge entrants for each text message, including any error message that is sent and received in connection with the Promotion, based on the applicable wireless service pricing plan. Entrants should consult their wireless service provider’s pricing plan for details. Entrant is responsible for all applicable fees and taxes associated with placing a text message entry. Sponsor in its sole discretion may add or delete a cellular carrier at any time, without notice. Proof of text messaging to the Number is not considered proof of delivery to or receipt by Sponsor of such entry to play. Decisions of the Sponsor are final. Such decisions may include, but are not limited to, whether an entry adheres to the entry criteria, the time of entry receipt by the Sponsor, the order in which text message entries are received, the eligibility of the entrant, and in the event entry requires the submission of an answer or response, whether that answer or response is correct. By participating in the Promotion, entrants agree that the Sponsor may contact them, via phone or text message, at the telephone number from which the text message entry was initiated. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant. By participating in a Promotion in which text message- based entry is permitted, entrants acknowledge that text messages are distributed and delivered through a third party service provider(s); the Sponsor does not guarantee, and shall not be responsible for, the delivery or timeliness of any text message entry. The Sponsor will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The administrator’s computer is the official timekeeping device for this Promotion. The Sponsor, through its third party text messaging administrators, will store all messages received on its system. The Sponsor is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service.
Prize Winner may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prize may be forfeited. Prize Winner may also be subject to a background check.
Once eligibility has been verified and Sponsor receives a Prize Winner’s requested information, Sponsor will arrange to award the Prizes. Prize Winner must reply with all required information in order to receive their Prize.
CONDITIONS. THIS PROMOTION IS VOID WHERE PROHIBITED. Entrants agree that this Promotion shall be subject to and governed by the laws of the State of California and the forum for any dispute shall be in the State of California, Los Angeles County. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Promotion are hereby excluded and any Promotionant expressly waives any and all such rights. Certain restrictions may apply. Entries void if Sponsor determines the Composition is not be original or unpublished, the Promotionant has failed to meet the entry criteria, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.
All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic) on prizes are the sole responsibility of the prize winner. In the event that the selected winner of any prize is/are ineligible, cannot be traced or does/do not respond to a winner notification as required by the Official Rules, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another
Sponsor reserves the right to verify the validity and originality of any entry and/or Promotionant (including an Promotionant's identity and address) and to disqualify any Promotionant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
LIMITATION OF LIABILITY. To the maximum extent permitted by law, Sponsor, the other Promotion Entities, their respective affiliated entities, and their respective shareholders, officers, directors, members, managers, employees, agents, attorneys, successors and assigns (the “Released Parties”) shall not be held liable or responsible for, and each Entrant (including Prize Winner) hereby releases the Released Parties from, any claims arising from or in any way relating to the Promotion, including, but not limited to, the following: (i) the subject matter of the Promotion; (ii) any inability to submit a Promotion entry; (iii) any defects or deficiencies in a Promotion entry; (iii) the content or context of any Promotion entry; (iv) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (v) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (vi) unauthorized human intervention in any part of the entry process or the Promotion; (vii) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (viii) 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 Promotion; (ix) use or redemption of any prize; (x) the judging process, including the outcome of the Promotion; (xi) the inability to redeem or use any prize, including, without limitation, due to Force Majeure (defined below).
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND DRINKADE HEREBY DISCLAIMS ANY SUCH WARRANTIES.
DISQUALIFICATION/FORCE MAJEURE. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to disparage, 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 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. https://www.youtube.com/watch?v=KI0RMGfQJ4A
In the event that zero eligible entries are received entries are received and/or Sponsor is prevented from awarding the prize or continuing with the Promotion as contemplated herein by any event beyond his control, including but not limited to, event cancellation or modification, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated due to Force Majeure relating to the Grand Prize, Sponsor will (if possible) conduct the drawing with all timely entries, awarding prizes other than the Grand Prize. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
- DISPUTES. The provisions of these Official Rules are severable, and in the event any provision is determined to be invalid or unenforceable, the remaining provisions will remain in effect. Except where prohibited by law, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of California without regard its conflict of laws principles with venue in California, and all claims must be resolved in the courts of California with situs in Los Angeles County; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 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 Promotion 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 the state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of California.
- WINNERS LIST: To obtain the name of the winner, send an email to email@example.com. All such requests must be received by February 1, 2019.