Celebrating the Source
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN NY, FL, RI, AND WHERE PROHIBITED.
THE SWEEPSTAKES IS NOT SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM OR TWITTER. BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO RELEASE FACEBOOK, INSTAGRAM OR TWITTER FROM ANY AND ALL LIABILITY AND CLAIMS RELATED TO THE SWEEPSTAKES
1. Eligibility: Topo Chico Celebrating the Source Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia (excluding New York, Florida, and Rhode Island) who are at least eighteen (18) years old at the time of entry. Employees of Interex Corp., Giovanni Gallucci LLC and their parent and affiliate companies (the “Sweepstakes Entities”) as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or win the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void in NY, FL, RI and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Interex Corp., 3200 Northern Cross Blvd, Fort Worth, TX 76137; Phone (817) 361-4200
Administrator: Giovanni Gallucci LLC, 7000 Independence Parkway, Suite 160, #205, Plano TX, 75025
3. Timing: The Sweepstakes begins on July 1 , 2017 at 12:00 a.m. Central Standard Time ("CST"), ends on August 31, 2017 at 11:59 p.m. CST (the "Promotion Period") and consists of two (2) entry periods (each an “Entry Period”) as outlined below:
Administrator is the official time-keeper for the Sweepstakes.
4. How to Enter: During the Promotion Period, interested participants must visit http://www.topochicousa.net, follow the links and instructions, and complete and submit the required registration form, which includes providing a valid email address. Upon submission of the registration form and receipt by Administrator, entrants will automatically receive one (1) Sweepstakes entry into the applicable Entry Period drawing. Limit: Entrants may enter one (1) time per day during the Promotion Period. Entrants are not permitted to share the same email address as other entrants. Any attempt by any entrant to obtain more than the allowable number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified from the Sweepstakes. Use of any automated system to participate in the Sweepstakes is prohibited and will result in disqualification of all entries. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
5. Prize Drawings: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Entry Period winners from all eligible entries received during the applicable Entry Period on or around the approximate drawing dates listed in Section 3 above. There will be one (1) Grand Prize winner selected after each Entry Period from all eligible entries received during that Entry Period. There will be a total of two (2) prize draws. Administrator will not award a greater number of prizes than are stated in these Official Rules. Non-winning Entry Period entries will not carry over into subsequent Entry Period drawings. The potential winners will be notified by email, mail or phone, at the Administrator’s discretion.
Except where prohibited, each potential Grand Prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release ("Declaration") which must be received by Administrator, within seven (7) days of the date Declaration is sent, in order to claim his/her prize. Proof of submission of the registration does not constitute proof of eligibility or receipt of the registration by Sponsor and/or Administrator. If a potential winner of any prize cannot be contacted, fails to sign and return the Declaration or provide any other requested information, within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Sponsor will aim to provide the applicable prize to the potential winners within approximately 8-10 weeks after the conclusion of the Sweepstakes. Upon receipt and approval by Sponsor and/or Administrator of the potential winner’s Declaration, the potential winner will be notified that he/she is an actual winner (“Winner”). Limit one (1) prize per person. Once a prize is awarded to a Winner, that Winner’s future entries during the Promotion Period, if any, become void.
ONE (1) GRAND PRIZE (Awarded in each Entry Period): One (1) year supply of Topo Chico awarded in the form of three hundred sixty (360) bottles. ARV: $360.00. Total number of Grand Prizes awarded during Promotional Period is two. (2).
For All Prizes: The actual value of the Grand Prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners or their parent or legal guardian are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the applicable Entry Period. Limit one (1) prize per person. Total ARV of all prizes: $720.00.
7. Release: By receipt of any prize, Winners or their parent or legal guardian agree to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each Winner’s or their parent’s or legal guardian’s consent to Sponsor’s and its agents’ use of Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right, in its sole and absolute discretion, to cancel, suspend and/or modify the Sweepstakes, these Official Rules, or any part of it, for any reason, including, but not limited to, fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. DISCLAIMER OF WARRANTIES: Participation in the Sweepstakes is at your sole risk. None of the Sweepstakes Entities, nor any of their officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by the Sweepstakes Entities, or the like, warrant that websites affiliated with the Sweepstakes Entities will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on the website may contain inaccuracies or typographical errors. The Sweepstakes Entities make no warranty as to the results that may be obtained from the use of the website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the website. Furthermore, the Sweepstakes Entities shall not be responsible for any opinions, views, advice or statements posted on the website or Facebook, Instagram or Twitter (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Sponsor or Administrator spokesperson. Advertisers, content providers, user, guests, independent writers and experts are not authorized spokespersons for Sponsor or Administrator. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
THE WEBSITE, SWEEPSTAKES, AND PRIZES ARE PROVIDED BY THE SPONSOR OR ADMINISTRATOR ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SWEEPSTAKES ENTITIES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
THE SWEEPSTAKES ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR CONSOLE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; 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 Sweepstakes or receipt or use or misuse of any prize. 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 Sweepstakes, 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.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Texas State Court located in Dallas County, Texas;; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) 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 Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
14. Non-Waiver: The failure of the Sponsor or Administrator to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any provision of these Official Rules is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Official Rules remain in full force and effect.
14. Winner List: For a winner list, visit http://www.topochicousa.net/winners/. The winner list will be posted after winner confirmation is complete.