"START THE YEAR ON A ROLL." "Giant Local Bike" Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The "Giant Local Bike" Sweepstakes ("Sweepstakes") begins at 12:00:01 a.m., Eastern Daylight Time ("EDT") on August 15, 2008 and ends at 11:59:59 p.m., ("EDT") on October 15, 2008 ("Promotion Period"). Participating Nutrisoda retailers will specify the start date and end date ("Sweepstakes Period") on the in-store Point of Sale promotion material at various retail locations. Participation in the Sweepstakes 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. The Sweepstakes is sponsored by Ardea Beverage Company, 527 Marquette Avenue Suite #600, Minneapolis, MN 55402 ("Sponsor") who is solely responsible for all aspects of this Sweepstakes.
Eligibility: The Sweepstakes is open to all legal US residents of the specified states noted on the in-store Point of Sale promotion material. Each participant must be at least eighteen (18) years old as of the Sweepstakes start date. Employees, officers and representatives of Ardea Beverage Company ("Sponsor”), Giant Bicycle Incorporation, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, and advertising/promotion agencies, (collectively, “Released Parties”) and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Winning a prize is contingent upon fulfilling all requirements set forth herein. All federal, state and local laws and regulations apply. Void where prohibited.
How to Enter: Participants may enter by visiting any participating Nutrisoda retailer and completing an official Sweepstakes entry form. Place the fully completed entry form in the designated box at the Nutrisoda retailer. In the event the official entry form is not available, a participant can enter by hand printing on a card, your name, date of birth, address (including zip code), day & evening phone numbers, and place the card into the designated box at the Nutrisoda retailer. All entries must be received by the date specified on the in-store Point of Sale promotion material.
Limit one entry per person per e-mail and/or mailing address. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple identities and registrations, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor is not responsible for lost, late, incorrect, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Use of any automated system to submit entries is prohibited and will result in disqualification of all such entries as well as the entrant All entries become the property of the Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Sweepstakes.
Grand Prizes: Each Grand Prize winner will receive a Giant Boulder Men's 18" Mountain Bike. The Approximate Retail Value of each bike is $275. The number of Grand Prize winners will be specified on the in-store Point of Sale promotion material. The Grand Prize(s) will be awarded at the participating Nutrisoda retailer. Each Grand Prize winner must execute liability/publicity release prior to issuance of their Grand Prize. The Prize will be deemed awarded upon the winners signing of the liability/publicity release and receiving the Giant Mountain bike. By accepting the Grand Prize, the prize winner agrees to release the Sponsor and the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. Sponsor has not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize and specifically disclaims all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND. Prizes are not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value. Limit one prize per person/family/household e-mail or mailing address.
Drawing and Notification: The Grand Prize winners will be selected, from among all eligible entries received at each location, in a series of random drawings. Each drawing will be conducted at the participating Nutrisoda retailer within five (5) days of the Sweepstakes end date specified on the in-store Point of Sale promotion material. Odds of winning will depend on the total number of eligible entries received at each location. The Grand Prize winners will be contacted by telephone and/or mail as determined by the Sponsor.
Prize Conditions: Each Grand Prize Winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release prior to being awarded their prize. All local, state and federal taxes, if applicable, are the sole responsibility of the winner.
Other Terms & Conditions: The Sweepstakes is subject to all applicable federal, state, and local laws. By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and agree that: 1.) Released Parties and their designees and assigns shall have the right and permission to use (unless prohibited by law) the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without further notice, permission or compensation, and 2.) Released Parties and their designees and assigns and all of their respective officers, directors, employees, representatives and agents shall have no liability and entrant will indemnify, defend and hold Released Parties harmless from any liability, loss, injury, or damage to entrant themselves or any other person or entity, including personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize (including any prize activity or travel related thereto) or participation in this Sweepstakes. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Sponsor reserves the right, in its sole discretion, to disqualify any entry and to modify, terminate or suspend this Sweepstakes should non-authorized human intervention, action of entrants, or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes and, if the Sweepstakes is modified, terminated or suspended, at Sponsor’s discretion, select winners from those eligible, non-suspect entries.
Disputes: By entering the Sweepstakes, entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for 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 entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Winners List: To request confirmation of the name and address of the winners, please send a self-addressed, stamped business size envelope, by January 1, 2009, to: Ardea Beverage Company, 527 Marquette Ave. #600, Minneapolis, MN 55402.
Official Rules by Mail: For your own copy of the Official Rules, send a self-addressed stamped envelope to Ardea Beverage Company, 527 Marquette Ave. #600, Minneapolis, MN 55402, for receipt by October 10, 2008. VT residents may omit return postage.
Get in gear for a healthy year! You know the drill - eat right, work out, get some sleep. And, refresh yourself often with delicious, nutrient-enhanced Nutrisoda.
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