#RipItForAYear Reunion Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.
Except where prohibited by law, the #RipItForAYear Reunion Contest (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older as of the date of entry. Employees, contractors, directors and officers of the sponsor, Rip It (“Sponsor” or “Rip It”), Sundance Beverage Company and each of their respective franchisees, parents, affiliated companies, subsidiaries, distributors and licensees, advertising or promotion agencies, and any other companies associated with the design or execution of this Contest, and their immediate family members (parent, child, sibling and spouse of each) and those living in the same household of each are not eligible to enter or win. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Contest (“Official Rules”). All federal, state, municipal, and local laws and regulations apply. Void where prohibited by law.
2. Entry Period:
The Contest begins at 12:01 a.m. Eastern Daylight Time (“EDT”) on October 10, 2016 and ends at 11:59 p.m. EDT on October 31, 2016 (the “Entry Period”).
3. How to Enter:
NO PURCHASE NECESSARY to enter the Contest. To enter, you must:
(a) Post a photo of Entrant with military colleagues (“Photo”) to Facebook, Twitter or Instagram using the hashtag #ripitforayear and/or tagging @ripitenergy.
(b) OR send a Photo to Rip It via Facebook, Instagram, or Twitter.
(c) Photo must depict Entrant with military colleagues.
4. Entry Conditions:
Entries must be submitted during the Entry Period to be eligible for the Contest. Participation in the Contest is voluntary and does not require you to purchase anything from the Sponsor. Submitted Entries will not be acknowledged. Neither Sponsor, nor any telephone network, nor any service provider is responsible for incorrect transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access any website or online service, or any other error or malfunction, or late, lost, illegible, incomplete, damaged, or misdirected entries or entries not properly forwarded to Sponsor.
5. Photo Conditions:
Photos that are deemed by the Sponsor, in its sole discretion, to be offensive, immoral, obscene, profane, defamatory, not keeping with the image of the Sponsor or in violation of these Official Rules will be void. Further, all Photos that contain copyrighted or other proprietary materials for which the Entrant has not obtained appropriate assignment of rights, as well as any content that disparages or portrays the Sponsor in a negative light, will be void. A Photo submitted in this Contest may not include any other identifiable individual other than the individual participant unless prior express consent is obtained from such individual.
6. Use of Photo:
By entering, each Entrant warrants and represents that (a) the Photo is the original work of the Entrant and does not infringe the intellectual property, privacy, confidentiality or publicity rights or any other legal rights of any third party; (b) the Entrant owns or otherwise controls all rights to the Photo submitted by the Entrant; and (c) the Photo has not been entered into or won any previous contests or awards and has not been published or distributed previously in any form of media. By entering this Contest, each Entrant unconditionally and irrevocably grants a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable license to Sponsor and its successors or assigns to use, reproduce, distribute, display and create derivative works of the Photo for any purpose now and hereafter as they so desire. Each Entrant further warrants and represents any person or entity pictured in the Photo has agreed to be featured and for the Photo to be posted on Instagram and must also have agreed to the Photo being entered in the Contest and each Entrant further warrants and represents that applicable consents have been obtained. If a Photo depicts a minor (under 18 years of age at the time of the Photo), the minor’s parent or legal guardian must have consented to such use. By posting a Photo in this Contest, Entrant grants Sponsor the right to use, publish, adapt, edit and/or modify such Photo in any way, in whole or in part, and to use such Photo alone or in combination with other works, as solely determined by Sponsor, in commerce and trade and in any and all media now known or hereafter discovered, without limitation or compensation to the Entrant and without right of notice, review or approval of any such use of the Photo.
7. Selection of the Winners and Notification:
There will be one Winner of the Contest. The Winner will be selected from entries submitted and will be chosen by Rip It. The Winner will be notified via social media by a representative from the Sponsor within seven days after being selected a Winner. In the event that the Winner cannot be contacted within seven days after Sponsor’s first attempts to contact the Winner, as determined by Sponsor in its sole discretion, or a Winner rejects a Prize, the Prize will be forfeited and an alternate Winner may be selected. Sponsor may disqualify anyone who fails to respond to the notification within five business days. The Winners may be required to sign and return an affidavit of eligibility, release of liability, and, where lawful, a publicity consent agreement (“Affidavit of Eligibility/Liability/Publicity Release”), within 15 days of acknowledged notification. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (a) potential Winner’s failure to timely respond to notification; (b) the return of the notification as undeliverable; (c) potential Winner’s failure to timely execute and return an Affidavit of Eligibility/Liability/Publicity Release, if required; (d) potential Winner’s failure to validly and timely claim the Prize; or (e) any other non-compliance with the Official Rules. In the event of Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate Winner. The Sponsor shall not be responsible or liable for any failure by a potential Winner to accept the Prize for any reason.
9. Prizes and Approximate Retail Value (“ARV”):
There will be one prize awarded in this Contest.
Prize: One (1) prize provided by Rip It in the form of 1 case of 24 16oz cans of Rip It for every month of a calendar year. In total, 12 cases of Rip It will equate to “Rip It for a Year”. Total value is estimated at $214.00.
10. Prize Conditions:
All costs associated with acceptance or use of the Prize, are the sole responsibility of the Winner. The Winner is responsible for all applicable federal, state and local taxes incurred by winning the Prize. A Winner may waive his/her right to receive a Prize. A Prize is non-transferable, non-exchangeable, non-refundable, has no cash value and must be accepted by the Winner as awarded. A Prize may not be upgraded and no substitutions by the Winner will be allowed, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize for one of equal or greater value if the designated Prize should be unavailable for any reason, except as specifically set forth in the Official Rules.
11. Odds of Winning:
The odds of winning a Prize in this Contest depend upon the number of Entries received during the Entry Period.
12. Prize Delivery:
Prize will be available to the Winner 30 days after Sponsor verifies a Winner’s eligibility to enter and to win this Contest.
13. Conditions, Disclaimers, and License:
By entering the Contest, each Entrant agrees that: (a) he or she will abide by and be bound by these Official Rules; (b) he or she will adhere to Instagram’s, Twitter’s and Facebook’s Terms and Conditions; (c) the Entry will not be acknowledged by Sponsor; (d) Instagram, Twitter, or Facebook and Sponsor or any of its affiliated companies or the advertising and promotional agencies affiliated with Sponsor or those affiliated companies or any of their officers, directors, employees, agents or representatives (collectively, “Contest Entities”) are not responsible for claims, injuries, death, losses or damages of any kind resulting from participation or inability to participate in the Contest or the awarding, acceptance, use, misuse, possession, loss or misdirection of the Prize; (e) Sponsor and Contest Entities are not responsible for any inability of a Winner to accept a Prize for any reason; and (f) by entering the Contest, all Entrants further agree that Sponsor has the sole right to decide all matters relating to the Contest, including fact, interpretation, eligibility, procedure, fulfillment and disputes from the Contest. Neither Sponsor nor Contest Entities are responsible for (i) any typographical or other errors in the printing of the promotion materials or the offering or announcement of the Prize, (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, (iii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iv) communications line, hardware and/or software failures, or (v) damage to any computer (software or hardware) resulting from participation in the Contest. Although Sponsor attempts to ensure the integrity of the Contest, neither Sponsor nor Contest Entities are responsible for the actions of Entrants or other individuals in connection with the Contest, including attempts by Entrants or other individuals to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. If, for any reason, the Contest is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules, and/or to cancel, terminate, modify or suspend all or any part of the Contest, and in the event of cancellation or termination, to select a Winner from among all eligible non-suspect Entries received up to the time of such cancellation, termination, modification or suspension, as applicable. If the Contest is terminated by Sponsor as set forth above, Sponsor will post notice of such termination on its website. Inclusion in such drawing will be each Entrant’s sole and exclusive remedy under such circumstances. Proof of submitting an Entry will not be deemed receipt of such Entry by Sponsor.
14. Release and Indemnification:
BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD SPONSOR, INSTAGRAM AND FACEBOOK, and Twitter HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHT, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, TRAVEL TO AND FROM PRIZE DESTINATION, ACCESS TO ANY MATERIALS, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY, OR ANY OTHER CAUSE BEYOND SPONSOR’S OR ITS AFFILIATES’ SOLE CONTROL. Each Entrant agrees to defend, indemnify and hold harmless the Sponsor and Contest Entities from any and all claims, liabilities, damages, expenses and costs (including legal fees) brought or asserted by or on behalf of any third party against the Sponsor or Contest Entities arising from or related to the Entrant’s Photo infringing or allegedly infringing a third party’s intellectual property rights, publicity, privacy or confidentiality rights, or defaming or otherwise causing harm to a third party.
15. Limitations on Liability:
Except where prohibited, Sponsor and Contest Entities shall not be liable to any Winner, Finalist or any other person for failure to supply a Prize or any part thereof by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond Sponsor’s or its Affiliates’ sole control.
(b) Publicity Release: Except where prohibited, by accepting the Prize, the Winner grants permission for Sponsor and its agents to use his/her name, voice and/or likeness, for advertising, merchandising, promotion and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.
(c) Applicable Law: By participating each Entrant agrees that (1) any and all disputes, claims and causes of action arising out of or in connection with this Contest or the Prize awarded shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place exclusively in the United States District Court for the Southern District of State of Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs; and (3) under no circumstances will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, 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 Entrant and Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.
17. Official Rules:
By participating in the Contest, each Entrant fully and unconditionally agrees to and accepts these Official Rules and decisions of the Sponsor, which are final and binding in all matters relating to the Contest. The Contest will be run in accordance with the Official Rules, subject to amendment by Sponsor. Each Entrant must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Contest. The terms of the Contest, as set out in the Official Rules, are not subject to amendment or counteroffer, except as set out herein. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
The Contest is sponsored by Rip It Energy, 8100 SW 10th Street, Suite 4000, Ft. Lauderdale, FL 33324.
19. Winner List:
For the names of the Winners, send a self-addressed, stamped envelope to: Rip It Energy, Attn: Rip It Energy #RipItForAYear Reunion Contest Winners, 8100 SW 10th Street, Suite 4000, Ft. Lauderdale, FL 33324 by December 1, 2016.
The Contest is in no way sponsored, endorsed or administered by or associated with Instagram, Twitter or Facebook. By participating in the Contest, you agree that you are providing your information to Sponsor and not to Facebook, Twitter or Instagram.