Perrier Mocktail Giveaway – Official Rules
- General: The Perrier Mocktail Giveaway (the “Giveaway”) begins at 12:01 a.m. EST on August 24, 2020 and ends at 11:59 p.m. EST on September 30, 2020 (the “Promotion Period”). NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE GIVEAWAY. Purchase does not improve odds of winning. By participating in the Giveaway, you agree to these Official Rules, including all restrictions and limitations herein. The Giveaway is void where prohibited by law and where the Giveaway does not comply with applicable legal requirements.
- How to Enter:
a. To enter via social media:- Facebook: Access Sponsor’s Facebook page at https://www.facebook.com/perrierus during the Promotion Period, locate the Perrier Giveaway post and follow the instructions on the Giveaway landing page. The authorized account holder of the Facebook account will receive one (1) entry into the Giveaway.
- Instagram In-Feed Method: Use your Instagram account to access @PerrierUSA during the Promotion Period, locate the Perrier Giveaway related posts, then comment and tag two (2) friends with the #PerrierGiveaway in your entry. The authorized account holder of the Instagram account will receive one (1) entry into the Giveaway.
- Instagram Story Method: Use your Instagram account to access @PerrierUSA during the Promotion Period, locate the Perrier Giveaway marked stories and follow the instructions. The authorized account holder of the Instagram account will receive one (1) entry into the Giveaway.
- Twitter: Use your Twitter account to access @PerrierUSA during the Promotion Period, locate the Perrier Giveaway post, then retweet the post and tag one (1) friend using the #PerrierGiveaway in your entry. The authorized account holder of the Twitter account will receive one (1) entry into the Giveaway. Limit one (1) entry via Twitter per day during the Promotion Period.
You must include “# PerrierGiveaway” in your social media entry.
“Authorized account holder” means the natural person assigned the e-mail address used to enter the Giveaway or create the social media account used to enter the Giveaway. All entries are subject to the eligibility restrictions below.
- Eligibility: The Giveaway is open only to legal residents of the 50 United States and D.C. who are at least 18 (19 or older in Alabama and Nebraska; 21 or older in Mississippi) at the time of entry, subject to all applicable laws and regulations. Employees of Sponsor, Gluttonomy Inc., The Ogilvy Group, and/or any parent, subsidiary, affiliate, or advertising or promotion agency of any of the foregoing (such entities, the “Giveaway Parties”), and any such employee’s immediate family members (e.g., parent, step-parent, sibling, half-sibling, step-sibling, child, step-child and spouse) or any person living in the same household as such individuals, are not eligible to enter the Giveaway. Any false or deceptive entries or acts by you will render all of your entries ineligible. You may not use any programmed, robotic, automatic, or similar methods of entry, and incomplete or partial entries may be disqualified. You may not violate, misappropriate, or infringe any intellectual property, privacy, publicity, contractual or other right of any third party or any applicable law, rule, regulation, standard or guideline. Your entry may not be abusive, discriminatory, defamatory, threatening or otherwise inappropriate.
- Winner Selection and Notification: Winner(s) will be selected in a random drawing conducted on or about October 3, 2020. Each winner will be notified promptly after the drawing, and must respond to such notification as directed within three (3) days after its transmission by Sponsor. If requested by Sponsor and not prohibited by law, a winner must complete, sign, have notarized and postmark an Affidavit of Eligibility/Liability Release within five (5) business days after its delivery to the winner. All prizes will be awarded as long as a sufficient number of eligible entries are received. The odds of winning depend on the number of eligible Entries received. Prize will be mailed within two (2) weeks of winner verification. Any potential winner who does not send a message within 72 hours of initial notification and/or who is otherwise not in compliance with these Official Rules may forfeit his/her prize. A potential winner will only be notified one (1) time.
- Disqualification: Sponsor may disqualify any winner (in which case the winner forfeits all prizes) if the winner fails to comply with these Official Rules (as determined by Sponsor in Sponsor’s sole discretion) or if Sponsor is unable to contact such winner (or any notice or prize is returned as undeliverable). In the event of disqualification of a winner, Sponsor may select an alternate winner in a random drawing in Sponsor’s sole discretion.
- Disclaimer: None of the Giveaway Parties is responsible or liable for stolen, misdirected, incomplete, illegible, lost, late, damaged or destroyed entries; entries not received during the Promotion Period for any reason; or other errors of any kind. Prizes are awarded “as is, where is,” without any warranty, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. None of the Giveaway Parties is responsible or liable for any errors in the offer or administration of the Giveaway. In the event that any matter beyond Sponsor’s reasonable control (including without limitation technical failures) prevents or impairs the administration, fairness or security of the Giveaway, Sponsor reserves the right to cancel, modify, suspend or terminate the Giveaway in its sole discretion. The Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process and void all associated entries. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Giveaway, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
The Released Parties (as defined below) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, typographical, printing errors, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) other errors or problems of any kind relating to or in connection with the Giveaway, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, but not limited to, errors or problems which may occur in the administration of the Giveaway or the processing of entries, the announcement of the prizes or in any Giveaway-related materials; (5) late, lost, undeliverable, misdirected, inaccurate, incomplete, misdirected, delayed, damaged, garbled or stolen Entries comments, posts, email, direct messages, replies, or mail, other communications; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of the prize.
- Description of Prize(s) and Approximate Retail Value (“ARV”): Twenty (20) Perrier themed Mocktail Kits (ARV: $98 each). Total ARV: $1,960. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign, sell, or transfer prize, in whole or in part. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.
- General Prize Terms: Odds of winning depend on the number of eligible entries received. Winner(s) will be selected in a random drawing from among all eligible entries received. None of the Giveaway Parties is responsible for, and a winner will not receive the difference (if any) between, the actual value of the prize(s) at the time of award and the ARV in these Official Rules. The ARV of the prize(s) is based on information available to Sponsor. Prize details not specified herein shall be determined by Sponsor in its sole discretion. Prizes are subject to availability. Sponsor reserves the right to substitute a prize of equal or greater value in Sponsor’s sole discretion. Prizes are nonrefundable, not transferable and not redeemable for cash, and no cash alternative to any prize will be awarded. All taxes on a prize are the sole responsibility of the winner. The value of any prize awarded to a winner may be reported for tax purposes, and such winner must provide additional information upon request so that Sponsor can comply with tax reporting obligations. Additional restrictions may apply, including to the availability, receipt or use of any prize.
- Release and Indemnification: By entering the Giveaway, each entrant, on behalf of himself/herself, and his/her executors and heirs, agrees: (1) to be bound and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and not open to appeal; (2) to release, indemnify, defend and hold harmless Sponsor, Gluttonomy Inc., The Ogilvy Group, Instagram, LLC, Facebook Inc., Twitter, Inc., and its and their parents, subsidiaries, affiliates, members, shareholders, agents, representatives, employees, suppliers, agencies, successors, assigns, licensors, advertising or promotional agencies and any prize-sponsoring agency (collectively, "Released Parties"), from any and all liability whatsoever in connection with or related to this Giveaway, including, without limitation, from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrants' privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Giveaway), cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY; (3) on behalf of himself/herself, and his/her executors and heirs that he/she has no right to bring, and covenants not to bring, any claim, action, or proceeding of any kind or nature whatsoever against the Released Parties; (4) to assume all risks, express or implied, associated with all Claims released above, including without limitation, all risks concerning entry into and participation in the Giveaway; and (5) that NEITHER SPONSOR NOR ANY OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, RELATIVE TO THIS SWEEPSTAKES OR A PRIZE, INCLUDING BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED TO ENTRANTS ON AN "AS IS" BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY PROMOTIONS MATERIALS OF ANY PRIZE.
- Publicity and Intellectual Property: Where permitted by law, by participating in the Giveaway, you grant each of the Giveaway Parties and their respective contractors and agents the right to print, publish, broadcast, and use, in whole or in part, any materials you submit in connection with the Giveaway, as well as your name, likeness, voice, portrait, picture, statements attributable to you, city and state of residence, and other biographical information, for advertising and promotional purposes throughout the world in any and all media known or existing now or at any time in the future, without further approval, notification or compensation.
- List of Winners / Copy of Official Rules: Please visit https://www.perrier.com/us/mocktail-giveaway-official-rules for a copy of these Official Rules. For a copy of these Official Rules or a list of prize winners, mail your request and a stamped, self-addressed envelope within 6 months after the Promotion Period to Sponsor at its address below.
- Governing Law: These Official Rules and the Giveaway are to be governed by the laws of Connecticut without regard to the conflicts of laws principles of any jurisdiction.
- Arbitration: Any dispute or cause of action relating in any way to these Official Rules or the Giveaway shall be submitted to confidential arbitration in Stamford, Connecticut. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration by any party under these Official Rules shall be joined to an arbitration involving any other party subject to these Official Rules, whether through class arbitration proceedings or otherwise. In no event shall the arbitrator be entitled to award exemplary, treble or any other form of punitive damages, regardless of the claims raised.
- Privacy: Except as otherwise contemplated in these Official Rules, personal information collected in connection with the Giveaway will be used in accordance with Sponsor’s privacy policy at https://www.nestle-watersna.com/en/info/privacy-policy.
- Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. You hereby waive all rights to claim ambiguity of these Official Rules. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that term. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. The Giveaway is not sponsored, endorsed or administered by, or associated with, Instagram, LLC, Facebook, Inc. or Twitter, Inc. Your use of Instagram, Facebook or Twitter is governed by applicable terms of use. Decisions of Sponsor are final and binding in all matters related to the Giveaway.
- Sponsor: Nestlé Waters North America Inc., 900 Long Ridge Road, Building 2, Stamford, CT 06902-1138.
©2020 NESTLE WATERS NORTH AMERICA INC.