Rip It Energy Encounter Tour PS4 VR Bundle 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 Rip It Energy Encounter Tour PS4 VR Bundle Contest (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia who are 18 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 May 11, 2017 and ends at 11:59 p.m. EDT on July 2, 2017 (the “Entry Period”).
3. How to Enter:
NO PURCHASE NECESSARY to enter the Contest. To enter, you must:
(a) Sign up at any Rip It Encounter Tour sampling booth by entering your name and email address through iPad data entry. Sampling events will be in the following cities: Miami, New Orleans, Memphis, Nashville, Chicago, Detroit, Philadelphia and Baltimore from May 11 through July 2, 2017 where available.
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. Prizes and Approximate Retail Value:
There will be eight (8) prizes awarded in this Contest, one winner per city. Approximate value of each prize is $800 – $1,200.
Prize: Playstation 4 gaming console and a Playstation 4 VR Bundle (“Prize”). Shipping and handling of the Prize will be paid for by Rip It Energy or Victory Marketing.
6. Selection of the Winners and Notification:
There will be one Winner of the Contest per city. The Winner will be selected from entries submitted and will be chosen by Victory Marketing and Rip It Energy. A representative of the Sponsor will notify the Winner via email and/or phone within 30 days after being selected a Winner. In the event the Winner cannot be contacted within 30 days after Sponsor’s first attempts to contact the Winner, or if 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 seven (7) business days. The Winners may be required to sign and return an affidavit of eligibility, release of liability, and, where lawful, 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.
7. 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.
8. Odds of Winning:
The odds of winning a Prize in this Contest depend upon the number of Entries received during the Entry Period.
9. 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.
10. 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.
11. Release and Indemnification:
BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD SPONSOR, INSTAGRAM, 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.
12. 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 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 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.
14. 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.
16. Winner List:
For the names of the Winners, send a self-addressed, stamped envelope to: Rip It Energy, Attn: Rip It Energy Encounter Tour PS4 VR Bundle Contest, 8100 SW 10th Street, Suite 4000, Ft. Lauderdale, FL 33324 by December 1, 2017.
The Contest is in no way sponsored, endorsed or administered by or associated with Instagram, Facebook or Twitter. By participating in the Contest, you agree that you are providing your personal information to Sponsor and not to Instagram, Facebook or Twitter. If you repost any Rip It Energy Encounter Tour PS4 VR Bundle Contest photos on your personal social media accounts, you are obligated to disclaim the photos were entries to a contest offer by Rip It Energy or Sundance Beverage Company.