Social Media Contest Rules and Regulations
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, THIS AGREEMENT CONTAINS A MANDATORY CLASS ACTION/JURY TRIAL WAIVER PROVISION.
1. Eligibility: This Campaign is open only to those who follow @essentiawater on Twitter and retweet the giveaway post on the Essentia Water Twitter page [https://twitter.com/essentiawater] posted on 12/8/2019 and who are 18 years of age or older as of the date of entry. The Campaign is only open to legal residents of the USA, and is void where prohibited by law. Employees of Essentia Water, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, you agree to accept the decisions of Essentia Water as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on 12/8/19, 1PM, PST and ending 12/9/19, 1PM, PST. All online entries must be received by 12/9/19, 1PM, PST.
4. How to Enter: The Campaign must be entered by following @essentiawater on Twitter and retweeting the giveaway post on the Essentia Water Twitter page [https://twitter.com/essentiawater] posted on 12/8/2019. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete, do not adhere to the rules or specifications, or do not comply with Twitter’s posting guidelines (available here: https://help.twitter.com/en/rules-and-policies#twitter-rules) may be disqualified and void at the sole discretion of Essentia Water.
5. Prizes: The Winner of the Campaign (the “Winner”) will receive one case of Essentia Water (12 1L bottles) and a football – estimated retail price of $50.00. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Essentia Water. No cash or other prize substitution shall be permitted except at Essentia Water’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Essentia Water to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Essentia Water. Winner will be notified by Twitter direct message within two (2) days following selection of Winner. Essentia Water shall have no liability for Winner’s failure to receive notices due to spam or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within two days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. This Campaign is open to legal residents of US/DC and the prizes will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Prizes are anticipated to be distributed within two weeks of Winner verification.
ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT ESSENTIA WATER’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content, You understand and agree that Essentia Water, anyone acting on behalf of Essentia Water, and Essentia Water’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
9. Terms & Conditions: Essentia Water reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Essentia Water’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Essentia Water may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Essentia Water. Essentia Water reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Essentia Water has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Essentia Water reserves the right to seek damages to the fullest extent permitted by law.
10. Indemnification and Release: You agree to: (a) comply with and be bound by these Official Rules and the decisions of Essentia Water which are binding and final in all matters relating to this Campaign; (b) defend, indemnify, release and hold harmless Twitter and Essentia Water and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Campaign, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Campaign, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winners acknowledge that all prizes are awarded as-is without warranty of any kind.
11. Limitation of Liability: By entering, You agree to release and hold harmless Essentia Water and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
13. Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF WASHINGTON STATE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Washington State having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
ALL PARTICIPATING ENTRANTS AND PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS GIVEAWAY WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
14. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Essentia Water LLC, 18911 North Creek Parkway, Ste. 150 Bothell, WA 98011, USA.
15. Sponsor: The Sponsor of the Campaign is Essentia Water LLC, 18911 North Creek Parkway, Ste. 150 Bothell, WA 98011, USA.
16. The Campaign hosted by Essentia Water is in no way sponsored, endorsed, administered by, or associated with Twitter.
WHAT MAKES ESSENTIA BETTER?
Essentia is supercharged ionized alkaline water that’s better at rehydrating.+
+Results of a double-blind, placebo controlled clinical study with Essentia Water vs. a leading bottled water in healthy subjects over two hours following moderate aerobic exercise.