ESSENTIA MEMORIAL DAY GIVEAWAY — OFFICIAL RULES
1. NO PURCHASE NECESSARY. The “Essentia Memorial Day Giveaway” (“Sweepstakes”) is open to residents of Arizona who are 21 years of age or older at the time of entry. Void where prohibited.
2. The Sweepstakes begins at 11:00:00 a.m. Mountain Standard Time (“MST”) on May 22, 2020 and ends at 11:59:59 p.m. MST on May 25, 2020 (“Sweepstakes Period”).
3. How to enter: Look for Sponsor’s Instagram and Facebook post with the Sweepstakes message and follow the instructions to answer the question asked in the post (an “Entry”). You must be a registered user of Facebook and Instagram and follow @hensleybeverage on Facebook and Instagram in order to enter the Sweepstakes via Facebook and Instagram. Facebook and Instagram registration is free and can be obtained by logging on to www.facebook.com or www.instagram.com and following the online instructions to open an account.
If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges.
All entries must be received and recorded during the Sweepstakes Period. Sponsor’s designated official computer is the official time keeping device for this Sweepstakes. No other forms of entry are valid. Limit one (1) entry per person. See rule #4 for additional Entry Guidelines. Entry must comply with these Official Rules. Sponsor reserves the right, but not the obligation, to review any entry for violation of these Official Rules and may, at its sole discretion, reject, delete or otherwise exclude an Entry for any reason, including without limitation, if the Entry contains any Prohibited Content (as defined in Rule #4) or any other commentary or material which Sponsor, in its sole discretion deems inappropriate.
4. ENTRY GUIDELINES & PROHIBITED CONTENT: Entries must meet the following requirements:
• Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
• Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entry in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the World in any manner whatsoever and for any purpose.
• Entry cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, reference nudity or any materially dangerous activity; (b) promote the excessive or irresponsible consumption of alcohol, or promote illegal use of alcohol, drugs, 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; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain an image of anyone under 21 years of age; (e) otherwise fails to comply with the Beer Institute Advertising and Marketing Code as made publicly available at the following online location: http://www.beerinstitute.org/assets/uploads/BI-AdCode-5-2011.pdf; (f) contain or reference trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Natural Light), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (g) contain copyrighted materials owned by others without permission; (h) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (i) refer to or depict any names, logos or readily recognizable features of a retailer of alcohol beverages (such as a grocery store, convenience store, restaurant, bar, or any other retail location that sells alcohol beverages); or (j) depict, and cannot itself be in, violation of any law.
• Each entrant warrants and represents that the Entry: (a) is your original work, (b) has not been previously published; (c) has not received previous awards; and (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;
• Any entrant whose Entry includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. Sponsor, in its sole discretion, reserves the right to approve or reject any such Entry.
• Any Entry that, in the sole opinion of Sponsor, is not in accordance with the guidelines as stated herein or on the Website or is deemed to be inappropriate for publication is ineligible.
• Incomplete, illegible, deceptive or garbled Entries are not eligible.
• Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.
By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, that it will not place Sponsor under any obligation other than as stated in these Official Rules, that Sponsor is free to publish or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
By participating, you acknowledge that your Entry may be used in Sponsor’s sole discretion. Entries are the views/opinions of the individual entrant and do not reflect the views of the Sponsor in any manner. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
5. Winner will be selected in a random drawing to be held after 12:00:00 a.m. MST on or about May 26, 2020 from among all eligible entries received during the Entry Period. All drawings will be conducted by an independent judging agency, whose decisions are final in all matters relating to this Sweepstakes. Winner may not substitute or transfer prize, but Sponsor reserves the right to substitute prize with prize of equal or greater value. Limit one (1) prize per person.
6. The prize will be awarded. Odds of winning depend on the number of eligible entries received. The potential winner will be notified via Instagram and will be required to respond to the notification within twenty-four (24) hours indicating whether he/she can accept the prize. If no response is received within the time allotted, an alternate potential winner will be randomly selected. Any alternate potential winner selected will also be required to the notification within twenty-four (24) hours. Sponsor is not responsible for suspended or discontinued internet, wireless, or land line phone service which may result in a potential winner not receiving initial prize notification. Potential winner may be required to complete, sign, and return an affidavit of eligibility and liability and publicity release via online form, email, fax or overnight mail within two (2) days of prize acceptance. Subject to verification of eligibility and compliance with the terms of these Official Rules, including verification that the winner is at least twenty-one (21) years of age or older, the potential winner will be declared the official winner of the Sweepstakes. If Sponsor cannot verify that the potential winner is twenty-one (21) years of age or older prior to winner notification, then the potential winner will be disqualified and the prize will be awarded to an alternate potential winner (time permitting). In the event of noncompliance within any of these time periods, or if potential winner does not consent to a confidential background check if Sponsor so determines (see Rule #9), the prize will be forfeited and an alternate potential winner selected. Any alternate potential winner selected will also be required to adhere to the time periods described herein. Any prize notification or prize returned to the Sponsor or its agencies as undeliverable will result in disqualification and the awarding of that prize to an alternate potential winner.
7. Employees and the immediate families of employees of the sponsor and its affiliates and their employees and their immediate families; advertising and promotion agencies and their employees and their immediate families; all retail licensees and their employees and their immediate families, are ineligible. This Sweepstakes is void where prohibited by law and is subject to federal, state and local regulations. Taxes on prizes, if any, are solely the responsibility of the winners.
8. Acceptance of prize offered constitutes permission for Sponsor to use winner’s name, voice, biographical information and/or likeness for purposes of advertising and promotion without further compensation in all media now known or hereafter discovered worldwide and on the Internet without notice or review or approval as permitted by law.
9. Prize (1 total): Winner will receive three (3) cases (24-pack of 12 oz bottles) of Essentia water. Approximate Retail Value (“ARV”): $132.00. If winner cannot accept the prize as specified, prize will be forfeited and will be awarded to an alternate winner. Any difference between stated value and actual value will not be awarded.
If Sponsor so elects, potential winner and guest may be required to submit to a confidential background check. Such background check may include (but is not limited to) investigation of criminal, sexual offenses, or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that the potential winner and guest will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. If requested, the potential winner and guest agrees to sign waiver forms authorizing the release of personal and background information. In the event of noncompliance, to be determined at the sole discretion of Sponsor, prize will be forfeited and will be awarded to an alternate potential winner.
10. LIMITATIONS OF LIABLITY AND RELEASE: Neither Hensley Beverage Company (“Sponsor”) nor their respective affiliates, subsidiaries, and agencies are responsible for lost, late, damaged, incomplete, misdirected, unintelligible, returned or undelivered entries, telephone calls, text messages, email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Sweepstakes or Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Website’s terms of service, as solely determined by the Sponsor, will be disqualified. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information whether caused by Website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Website access. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject that entrant to disqualification. Neither Sponsor nor its agencies are responsible for injury or damage to participant’s or any other person’s computer or property related to or resulting from participating in this Sweepstakes. Should any portion of Sweepstakes be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Sweepstakes, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and randomly select the winners from valid entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. Text message entries will be deemed to have been submitted by the registered owner of the wireless number used to enter. In the event of a dispute regarding the identity of an online entrant, the authorized subscriber of the email account used to enter will be deemed to be the entrant, and must comply with these rules. The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses. All materials submitted become the property of Hensley Beverage Company and will not be returned.
Entrants agree (a) that Sponsor and its parent, subsidiary and affiliated companies, and advertising and Sweepstakes agencies, and their respective officers, directors, employees, wholesale distributors, representatives and agents, will have no liability whatsoever for, and are released and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, to persons, including death, or property, or rights of publicity or privacy, defamation, copyright infringement or portrayal in a false light resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Sweepstakes or in any Sweepstakes-related activity, and (b) winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor (and agrees to confirm such agreement in writing) and those acting pursuant to its authority to use his/her name, submitted biography, voice and/or likeness and prize information, and/or Entry (and assign the Entry, which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) for advertising, trade and Sweepstakes purposes without further compensation, at any times or time, in all media now known or hereafter discovered worldwide and on the Internet without notice or review or approval as permitted by law.
11. You grant Sponsor an exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable and transferrable right and license to exploit your Entry (including, without limitation, your name and likeness and the names and likenesses of any and all persons in the Entry, and any intellectual property rights (e.g. copyright, trademark, etc.) contained in the Entry) in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party, for any purpose, including, without limitation, your Entry and any person’s property (physical, personal, intellectual property rights, and indicia) contained therein. The foregoing grant includes, without limitation, the right to reproduce, display, distribute, publicly perform, create derivative works of, alter, amend, broadcast, edit, publish, use, merchandise, license, sublicense, and adapt the Entry in any and all media now or hereafter known, throughout the world, for any purpose, whether commercial in nature or otherwise, including in contexts and circumstances that result in your Entry being associated with a particular Sponsor or Sponsors. Accordingly, you hereby waive any objection to, such use including without limitation, distribution, reproduction, creation of derivative works of, public performance, or display of your Entry, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called “Moral Right,” “Droit Moral” or similar right or interest.
12. By accepting a prize, winner agrees to release and hold Sponsor harmless from any and all losses, damages, rights, claims and actions of any kind resulting from acceptance, possession or use of any prize, including without limitation, personal injuries, death and property damage. By participating in this Sweepstakes, participants agree to be bound by the Official Rules of this Sweepstakes.
13. For a copy of the Winners List, handprint your name and complete address on a 3” x 5” card and mail to: Winners List/ Essentia Memorial Day Giveaway Winners’ List, c/o Hensley Beverage Company, 4201 N. 45th Ave, Phoenix, AZ 85031 by July 27, 2020.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Facebook or Instagram.