Four Loko 2017 Lokoween Sweepstakes OFFICIAL RULES

Transcription

1 Four Loko 2017 Lokoween Sweepstakes OFFICIAL RULES NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. OPEN TO LEGAL RESIDENTS OF THE U.S. AND THE DISTRICT OF COLUMBIA WHO ARE 21 OR OLDER AS OF DATE OF ENTRY. VOID IN UTAH AND WHERE PROHIBITED OR RESTRICTED BY LAW. SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE U.S. SWEEPSTAKES BEGINS AT 12:00:00 A.M. EST ON AUGUST 15, 2017, AND ENDS AT 11:59:00 P.M. EST ON SEPTEMBER 11, SPONSOR: PHUSION PROJECTS, LLC, CHICAGO, IL. Internet access is required to participate. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any mobile device providers. 1. SWEEPSTAKES PERIOD. The Four Loko 2017 Lokoween Sweepstakes (the Sweepstakes ) begins at 12:00:00 a.m. Eastern Standard Time ( EST ) on August 15, 2017, and ends at 11:59:00 a.m. EST on September 11, 2017 (the Sweepstakes Period ). 2. HOW TO ENTER. To enter, go to fourloko.com/lokoween, provide your date of birth, name, zip code, and address, and follow the on-screen instructions. All Entries must be received no later than 11:59:00 p.m. EST on September 11, All Entries and information submitted via the Entry Methods become the property of the Sponsor and will not be returned. Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor or its agents. Sponsor reserves the right to void all entries made through any third-party website or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a website/service or entry method, as applicable. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In case of a dispute, Entries will be deemed made by the authorized account holder of the address associated with the entry. The authorized account holder is defined as the natural person who is assigned to an address by an Internet access provider, online service provider, or 1

2 other organization responsible for assigning addresses for the domain associated with the submitted address. Sponsor may, at its sole discretion, require a potential prize winner to provide proof that s/he is the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. All terms and conditions of Facebook and each entrant s mobile device provider apply. Any attempt by an individual to gain Entries via a bot script or other brute-force attack will result in that individual and his/her address becoming ineligible. Sponsor is not responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries; (iii) destruction of or unauthorized access to, or alteration of, entries; (iv) failed or unavailable hardware, network, software, or telephone transmissions; (v) damage to entrant s or any person s computer or wireless device or its contents; (vi) causes beyond Sponsor s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (vii) any entries submitted in a manner that is not expressly allowed under these Official Rules; (viii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ix) any typographical or other error in any printing or advertising related to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the prize winners; (x) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks); or (xi) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified. If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination. 3. ELIGIBILITY. Open to legal residents of the U.S. and the District of Columbia who are 21 or older as of date of entry. Void in Utah and where prohibited or restricted by law. Employees, directors, officers and agents of Sponsor, Avid Marketing Group ( AMG ), their respective parent companies, affiliates, subsidiaries, and advertising and promotion agencies, and any alcoholic beverage industry suppliers, importers, wholesalers, distributors or licensed retailers, and members of the immediate families (defined for these purposes as spouse, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to 2

3 participate. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant s full and unconditional agreement to these Official Rules and Sponsor s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. In order to enter the Sweepstakes or receive a prize, you must fully comply with these Official Rules, all privacy terms, and by entering you agree to be bound by these Official Rules and those terms, and the decisions of Sponsor, whose decisions shall be binding and final in all respects, and you certify that you are eligible to enter. Any entrant may be disqualified in Sponsor s sole discretion if he/she fails to comply with any of the terms of these Official Rules. 4. PRIZES. Grand Prizes: A total of ONE (1) Grand Prize will be awarded. The winner will receive a trip for him/herself and ONE (1) guest to Los Angeles, CA from November 3-6, Limit one (1) prize per person/ address/telephone number/household. Each Grand Prize package includes the following: Two (2) day passes for winner and one (1) guest to a festival celebrating style, music, and art in Long Beach, CA, round trip coach air transportation from the major airport nearest winner s home (as determined by Sponsor) to Los Angeles, CA (airport of Sponsor s sole discretion); a four (4) day, three (3) night stay (one room; double occupancy) at a hotel of the Sponsor s choice; roundtrip ground transportation to/from airport and hotel; and one (1) $300 value VISA gift card for winner. Winners guests must be 21 years of age or older. Each guest will be required to sign and return a Liability/Publicity Release within a specified time period prior to travel (as determined by Sponsor) as a condition of accompanying winner on prize trip. Each trip must be taken on the indicated dates, or prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received. Sponsor will determine airline and flight itinerary at its sole discretion. Winners and their guests must travel together. No refund or compensation will be made in the event of cancellation or delay of any flight. All details of travel and accommodation are subject to availability. Lodging and air transportation cannot be used separately. Travel and hotel stay are subject to the terms and conditions set forth in these Official Rules, and those set forth by the airline carrier(s) and hotel(s) of Sponsor's choice. Sponsor shall not be responsible for any cancellations, delays, diversions or flight substitution or any act or omissions whatsoever by the air carrier(s), accommodation provider(s), or any other persons or companies providing any of these services and accommodations. Sponsor shall not be liable for any loss or damage to baggage. Winners and guests are responsible for obtaining any valid documentation necessary for travel, and each is responsible for his or her own travel insurance should they desire same. The prizes consist only of the items described above. All expenses not expressly stated in the prize descriptions above as being included in the prizes, including, without limitation, meals, ground transportation, tips, souvenirs and hotel incidentals, are the responsibility solely of each winner. If a winner chooses to travel without a guest accompanying him/her on the trip, then prize will be awarded in increments appropriate for actual number of persons attending trip and winner will not receive any compensation or substitute prize in connection therewith. Use of each prize is conditioned upon winners and their guests conducting themselves at all times in a socially 3

4 responsible, respectful and appropriate manner; should any winner and/or his/her guest(s) fail to do so, prize may be immediately terminated and the Sponsor may pursue other legal sanctions against the winner and/or guests as applicable. Further travel and/or accommodations restrictions may apply. Approximate Retail Value ( ARV ) of the grand prize package is $2, Actual value may vary depending on winner's residence, airfare fluctuations and/or other factors. Any difference between the stated ARV and actual value will not be awarded. Alcoholic beverages are not part of any prize. If a winner resides within one hundred (100) miles of the destination city, he/she will receive the use of a rental car (subject to age or other eligibility restrictions that may apply) in lieu of air travel (no compensation or substitution for difference in value will be awarded). Total ARV of the prize is $2, DRAWING/NOTIFICATION OF WINNERS/PRIZE CLAIM PROCESS. The winners will be determined on or about September 12, 2017 in a random drawing from among all eligible entries received. The drawing will be conducted by AMG, an independent third party organization, whose decisions will be final and binding in all matters relating to this Sweepstakes. Odds of winning a prize will be determined by the total number of eligible Entries received through both Entry Methods combined. The awarding of each prize is subject to verification of each potential winner s eligibility. The winners will be notified by phone and/or on or around September 12, 2017, and will be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where permitted by law, a Publicity Release and furnish valid proof of age in a form prescribed by Sponsor (for example, a copy of a valid driver s license, birth certificate or passport) within forty-eight (48) hours of notification. If any prize notification is returned as undeliverable, or if a potential winner fails to return the prize claim documents within the stated time period, or if a potential prize winner cannot accept the prize as stated, or if Sponsor, in its sole discretion, deems a potential winner ineligible to receive the prize for any reason, the corresponding prize will be forfeited in its entirety and awarded (time permitting) to an alternate winner in a random drawing from among the remaining entries received. Except where prohibited, acceptance of prize constitutes winner s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation. 6. GENERAL CONDITIONS. This Sweepstakes is subject to all applicable federal, state and local laws and regulations. Entry in the Sweepstakes constitutes an entrant s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules and the decisions of Sponsor and AMG. No transfer or substitution of prizes (or any portion thereof) or cash redemption permitted, except as provided herein or at Sponsor s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value in the event an advertised prize (or portion thereof) is unavailable. Sponsor further reserves the right, in its sole discretion, to offer a cash alternative for a prize; however, the cash alternative may be less than the stated ARV of the prize. All federal, state and local income taxes on the prizes are winners sole responsibility. Each winner will be issued an IRS Form 1099 for the value of his/her prize. All prizes will be awarded, provided 4

5 they are claimed properly in accordance with these Official Rules. By accepting a prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Sponsor reserves the right to conduct a background check of any criminal records of any prize winner and his/her guests. To the extent necessary and permitted by law, prize winner and his/her guests shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winner and/or his/her guests based on the background check. SPONSOR AND/OR AMG S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES AND THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED. 7. INDEMNIFICATION AND RELEASE. By entering or accepting a prize (if awarded to him/her), each entrant agrees to indemnify, release, defend and hold harmless the Sponsor, AMG, and each of their respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the Released Parties ), from and against any and all liability for any claims (including but not limited to third-party claims) arising from or relating to loss, harm, damage, injury, cost or expense whatsoever including, without limitation, claims alleging property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy that may arise from or in connection with participation in the Sweepstakes, including but not limited to, prize winner s Sweepstakes entry; use of prize winner s name, likeness, biographical information, signature, image or likeness; prize winner s receipt, possession, acceptance, use and/or misuse or inability to use any prize or part thereof or participation in prize-related activities, including, but not limited to, injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim. 8. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant s sole remedy is another entry in the 5

6 Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. One prize per person only. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. By accepting a prize, each winner acknowledges that Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize or any component thereof, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose. 9. CONSENT TO PUBLICITY. By accepting a prize, each winner consents to Sponsor s use of his/her name, limited biographical information, voice, statements, photograph, taped or filmed image, and/or other likeness for advertising, promotional, public relations or trade purposes in commerce and in any media worldwide, whether now known or hereafter devised (including but not limited to the internet and social media) without limitation and without additional compensation or notice. 10. DISPUTES/SEVERABILITY. By participating or accepting a prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including, but not limited to, costs associated with entering this Sweepstakes, but in no event attorneys fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois. The invalidity or unenforceability of any provision of these Official 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 Official 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. 6

7 In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. 11. WINNER S LIST. For winner s list, please send a self-addressed stamped envelope to: Avid Marketing Group, Attn: Four Loko 2017 Lokoween Sweepstakes PHUXXXX, P.O. Box 1008, Rocky Hill, CT All requests for the winner s list must be postmarked by September 25, 2017 and received by September 29, Requests will be fulfilled after all winners are verified. 12. SPONSOR. This Sweepstakes is sponsored solely by Phusion Projects, LLC, Chicago, IL. Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor or AMG only. The information you provide in connection with this Sweepstakes is being provided to the Sponsor and not to Facebook, Inc., or any mobile device carriers. Such information will be used for purposes of this Sweepstakes or otherwise in accordance with the Sponsor s Privacy Policy, available at Each entrant acknowledges that, by entering the Sweepstakes, entrant has opted into Sponsor s Privacy Policy and, by opting into Sponsor s Privacy Policy, has read and accepted Sponsor s Privacy Policy. Any complaints or concerns regarding this policy should be directed to ljobmann@avidinc.com Copyright 2017 Phusion Projects, LLC. All rights reserved. PLEASE DRINK RESPONSIBLY 7