TOPO CHICO OFFICIAL RULES FOR CONTESTS, SWEEPSTAKES, RAFFLES, AND GIVE-AWAYS
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: In General, Topo Chico Contests, Sweepstakes, Raffles, and Give-Aways (hereafter the “Contest”) is open only 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 Topo Chico and their parent and affiliate companies (the “Contest Entities”) as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter the Contest. The Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Topo Chico Mineral Water, 5800 Granite Parkway, Ste 900, Plano, TX 75024. Email firstname.lastname@example.org
Administrator: Topo Chico Mineral Water, 5800 Granite Parkway, Ste 900, Plano, TX 75024. Email email@example.com
3. Timing: Each Contest will have a separate "Promotion Period" and “Entry Period” which will outlined within the description of the contest. Contest descriptions can be found on the TopoChicoUSA.net website by searching for “contest” in the website’s search bar.
Administrator’s computer is the official time-keeping device for the Contest.
4. How to Enter: During the Promotion Period, visit http://www.topochicousa.com and follow the links and instructions to complete and submit the registration form (if necessary) including a valid email address. Upon completing the registration, you automatically will receive one (1) Contest entry into the applicable Entry Period drawing. Limit: You may enter as many times as defined by the individual promotion during the Promotion Period. Multiple entrants may be permitted to share the same email address depending not he promotion. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods if not allowable will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. 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.
Bonus Contest Entries: There are multiple ways to earn bonus Contest entries as outlined below. Each entrant must abide by all the policies of each social media website.
Start Date 12:00 a.m. ET
End Date 11:59 p.m. ET
a. Twitter Share: After you enter the Contest, you will be invited to share the Contest on Twitter by clicking on the link to share a prepopulated message on Twitter. You will earn one (1) bonus Contest entry into the applicable Entry Period drawing for sharing the Contest on Twitter. Limit: You may only earn one (1) bonus Contest entry per day during the Promotion Period via Twitter Share. You agree to abide by the Twitter Rules when sharing the Contest.
b. Visit Twitter Page: After you enter the Contest, click on the button to visit the Topo Chico Twitter page to receive one (1) Contest entry into the applicable Entry Period drawing. Limit: Each entrant may receive one (1) bonus entry during the Promotion Period through this method.
c. Visit Pinterest Page: After you enter the Contest, click on the button to visit the Topo Chico Pinterest page to receive one (1) Contest entry into the applicable Entry Period drawing. Limit: Each entrant may receive one (1) bonus entry during the Promotion Period through this method.
d. Visit Facebook Page: After you enter the Contest, click on the button to visit the Topo Chico Facebook page to receive one (1) Contest entry into the applicable Entry Period drawing. Limit: Each entrant may receive one (1) bonus entry during the Promotion Period through this method.
e. Visit Instagram Page: After you enter the Contest, click on the button to visit the Topo Chico Instagram page to receive one (1) Contest entry into the applicable Entry Period drawing. Limit: Each entrant may receive one (1) bonus entry during the Promotion Period through this method.
f. Visit Tumblr Page: After you enter the Contest, click on the button to visit the Topo Chico Tumblr page to receive one (1) Contest entry into the applicable Entry Period drawing. Limit: Each entrant may receive one (1) bonus entry during the Promotion Period through this method.
5. Prize Drawings: Administrator is an independent judging organization whose decisions as to the administration and operation of the Contest and the selection of the potential winners are final and binding in all matters related to the Contest. The 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 awarded from all eligible entries received during Entry Period. 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 Contest. 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”).
6. Prizes: Defined in contest.
For All Prizes: The actual value of electronic prizes 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: $300.
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 Contest or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Contest 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 Contest, 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 Contest. 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 Contest 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 Contest 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 Contest is at your sole risk. None of the Contest 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 Contest Entities, or the like, warrant that websites affiliated with the Contest 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 Contest 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 Contest Entities shall not be responsible for any opinions, views, advice or statements posted on the website 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, Contest, 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 Contest 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 Contest 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest 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 Contest, 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 Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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, 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
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: The winner list will be posted after winner confirmation is complete.
THE Contest IS NOT SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM, OR TWITTER. BY PARTICIPATING IN THE Contest, YOU AGREE TO RELEASE FACEBOOK, INSTAGRAM, & TWITTER FROM ANY AND ALL LIABILITY AND CLAIMS RELATED TO THE Contest