Niagara Bottling, LLC®

Refreshing Moments Video Sweepstakes

OFFICIAL RULES:

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. By entering, you understand that you are providing your information to Niagara Bottling, LLC (“Niagara”). The information you provide will only be used in marketing as it directly relates to Niagara. The Sweepstakes is in no way sponsored, endorsed or administered by or associated with YouTube. Information collected in this Sweepstakes will be used in accordance with the Sponsor’s privacy policy which may be viewed at http://www.niagarawater.com/privacy-policy/

 

  1. SWEEPSTAKES ENTRY DATES: The (the “Sweepstakes”) entry period begins on Monday, October 10, 2016 at 12:00:01 a.m. Pacific Time (“PT”) and ends on Saturday, December 31, 2016 at 11:59:59 p.m. PT (the “Sweepstakes Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. There will be six (6) drawing periods to award six (6) prizes, one (1) prize in each drawing plus one (1) Grand Prize drawing. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Niagara Bottling, LLC, 2560 East Philadelphia Street, Ontario, CA 91761 (“Sponsor”), and/or COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 www.cfapromo.com (the “Administrator”), and/or The Woo Agency (“Agency”) whose decisions shall be final and legally binding in all respects.

 

  1. ELIGIBILITY: The Sweepstakes is open to legal residents of the United States and the District of Columbia, physically residing in the United States or the District of Columbia, who are at least eighteen (18) years of age at the time of entry. Employees, officers, and directors of Sponsor, Administrator, Agency, Sweepstakes prize suppliers, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their Advertising and Sweepstakes agencies, and any and all other companies associated with the Sweepstakes agents (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or people living in the same household are not eligible to enter or win. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Sponsor's database clock will be the timekeeper for the Sweepstakes.
  1. HOW TO ENTER:

        

Submissions must not contain any third party copyrighted material. Entrant must have permission from all individuals that appear in the video (if any) to use their name and likeness in the video and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor.

          

 

If you opt to access the Sweepstakes via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone/device bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your mobile device's capabilities for specific instructions. Sponsor is not responsible for any charges.

 

You may enter this Sweepstakes three (3) ways Instagram, Twitter or YouTube:

 

SUBMISSION REQUIREMENTS: If your social media account is set to "protected mode," or “private” your entry may not be visible and thus may not be received by Sponsor. Your entry method must be set to “public”.

 

  1. You must submit an original previously unpublished video capturing a “refreshing moment” (“Eligible Video”).

          

  1. Your Eligible Video must comply with these Official Rules and may not contain any of the Prohibited Content set forth below.

 

  1. 3. Partial or incomplete/piecemeal submissions on Twitter or Instagram or YouTube without the hashtag #RefreshingMoments WILL NOT BE ACCEPTED AS Sweepstakes Entries and shall not be eligible for any Prize.

 

  1. 4. All submitted videos will be reviewed by the Sponsor for compliance prior to being entered in to the Sweepstakes.

 

Limit: One (1) unique video entry per person or email address per day.

Once an eligible entry is made it will be carried forward to any remaining drawings (if any   remain).      

          

Propriety of Video Content: An Entry: (i) cannot show, contain, mention, depict, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, store, place of business, person, company or character (except those of the Sponsor), regardless of whether or not it is a competitor of Sponsor or competes with any of Sponsor's products; (ii) cannot show, contain materials, mention, depict, name, refer or otherwise allude to or show the likeness of any person, whether living or dead, except for the Entrant unless Entrant has permission from all individuals that appear in the video (if any) to use their name and likeness in the video and to grant the rights set forth herein.; (iii) cannot contain, mention, refer or otherwise allude to any sexually explicit or suggestive, obscene, lewd, violent, illegal, offensive, disparaging or inappropriate words, abbreviations, language, signs, products, poses, behavior, symbols, political, personal and/or religious references or statements, (including, but not limited to, words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; (iv) cannot promote alcohol, illegal drugs or 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; (v) cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by the Sponsor in its sole discretion; (vi) cannot contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses, without permission; (vii) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; (viii) cannot depict any, and cannot itself be in, violation of any law; (ix) cannot show Entrant in a professional sports team uniform on camera, or mention a team name and (x) must otherwise be in compliance with all of the provisions of these Official Rules as stated herein. The posting of a video pursuant to the above instructions does not mean the video has been deemed to be in compliance with these Official Rules. Sponsor reserve the right at any time during the Sweepstakes Period, without notice to the entrant who posted the video, to remove the posting of a video from any website controlled by Sponsor that Sponsor determines, in its sole discretion, does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content and in the event of such removal, the video will be disqualified and will not be eligible to compete for the Winner’s prize.

 

            By entering, entrant affirms that he/she has the consent of all parties portrayed or            depicted in the entry video to upload such video and enter it into the sweepstakes, and   unconditionally assigns and transfers to Sponsor all rights, title, interest and claim, which             it now has or may in the future have to his/her video entry and any element(s) embodied      therein. Sponsor and its designees shall have the right to edit, publish, use, adapt,             reproduce, exploit, modify or dispose of any entry and all elements of such entry, online, in print, film, television, or in any other media now or hereafter known throughout the         world.

 

Entries made by any other individual other than the person named in the entry or by any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. All entry materials submitted become the property of the Sponsor and will not be returned or acknowledged.

 

Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures destroy the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and to award the Prizes based on eligible entries received prior to the cancellation.

 

Sponsor is not responsible for problems downloading or uploading of any Sweepstakes-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in the Sweepstakes.

  

  1. RANDOM DRAWING SCHEDULE /WINNER NOTIFICATION:

 

Drawing Number:

Entry Begins at 12:01 a.m. PT

Entry Ends at 11:59:59 p.m. PT

Anticipated drawing date:

Number of prizes:

Drawing #1

10/10/16

10/11/16

10/12/16

1 prize donation to winner’s selected Breast Cancer Charity.

Drawing #2

10/10/16

10/18/16

10/19/16

1 Gift Card

Drawing #3

10/10/16

10/31/16

11/1/16

1 Gift Card

Drawing #4

10/10/16

11/14/16

11/15/16

1 Gift Card

Drawing #5

10/10/16

11/30/16

12/1/16

1 Gift Card

Drawing #6

10/10/16

12/14/16

12/15/16

1 Gift Card

Grand Prize Drawing

10/10/16

12/31/16

1/4/17

1 Grand Prize

 

 

Random drawings will be conducted based on the schedule listed above from all eligible entries received during the relevant drawing period by the Administrator.

 

Winner Notification: Potential winners will be contacted via email by the Administrator. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within (2) days of the first notification attempt, or if the prize notification or prize is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her prize and an alternate prize winner may be If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. The potential prize winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements.

 

  1. GENERAL PRIZE RESTRICTIONS/CONDITIONS: By entering, each entrant agrees on behalf of itself and each of entrant’s heirs, executors, and administrators (A) TO RELEASE AND HOLD HARMLESS SWEEPSTAKES ENTITIES, SPONSOR, ADMINISTRATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INSURERS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (B) that Released 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, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.

 

  1. PRIZES/ODDS OF WINNING: Only the Prizes listed below will be awarded in each drawing. Odds of winning depend on the number of eligible entries received during the relevant drawing.                

 

One (1) Grand Prize: $1,000. Prize awarded in the form of a check payable to the winner. The potential winner will be required to sign (a) an Affidavit of Eligibility, (b) an Agreement of Publicity (granting Sponsor the right to use the name and image of the winner for advertising and promotion purposes), (c) a liability release, and (d) a form W‑9, Taxpayer Request for Identification, and return each of the properly executed documents to the Administrator within seven (7) days of attempted notification as a condition of awarding the prize. A potential winner who satisfies all of the Sweepstakes requirements, including without limitation, those set forth in this paragraph, will be designated the official winner (the “Grand Prize Winner”).

 

Each Monthly drawing (six in all) will award the following prize:

Drawing #1 (October 11, 2016) drawing will award $100 to the winner’s favorite Breast Cancer charity. Drawings #2 - #6: Each winner may select to receive a $100 Grocery Gift Card nearest the winner’s location that sells Niagara Water. Terms and conditions of the Gift Card apply.   Approximate retail value of each prize $100.

 

Limit: One Prize per person or household. Total approximate retail value of all Prizes $1,600. To check your nearest retail store location selling Niagara Water visit www.WaterNotHype.com.                                                   

All other incidental expenses not mentioned herein are the responsibility of the prize

winner. All taxes on Prizes are the prize winner’s sole responsibility. Gift Card Prize are not redeemable for cash. Sponsor reserves the right to make equivalent substitutions as necessary, due to circumstances not under its control.

           

DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to 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 mechanically reproduced, illegible, 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.

 

  1. LIMITATION OF LIABILITY: The Released Parties are not responsible for, and entrant hereby releases the Released Parties from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) 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 Sweepstakes and (vi) use of any Prize.

 

  1. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of California, (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) 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 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 entrant and Sponsor in connection with the Sweepstakes 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 state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than state of California. Any litigation arising out of or in any way related to this Agreement shall be venued in San Bernardino County, California.

 

  1. INSTAGRAM, TWITTER, YOUTUBE DISCLAIMER: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitter or YouTube. By participating in this Sweepstakes, you hereby release Instagram, Twitter and YouTube from any claim, allegation, loss, or liability of any kind. By entering, you understand that you are providing your information to the Sponsor and not to Instagram, Twitter or YouTube.
  1. Winners List: For the name of the winners (available after 1/23/17) send a self-addressed stamped envelope to Niagara Refreshing Moments Winners, PO Box 2312, Framingham, MA 01703-2312. Requests must be received by 1/23/17.

    

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