THE SPONSOR WILL NEVER ASK PARTICIPANTS FOR THEIR CREDIT CARD INFORMATION OR PERSONAL INFORMATION BEYOND WHAT’S NECESSARY TO DELIVER THE PRIZES AS PART OF THIS PROMOTION.1. SWEEPSTAKES PERIOD (S)
The Agua Plus #ScatchYourBottle 2023 Sweepstakes (“Sweepstakes”) begins on May 1 2023 at 12:00:00 a.m. Eastern Time (“EST”) and ends on April 30 2024 at 11:59:59 p.m. EST (“Sweepstakes Period”).
2. ELIGIBILITY
The Sweepstakes is open to legal residents of and currently residing within the United States and D.C. (excluding residents of Florida, New York, Rhode Island and Puerto Rico) who are 18 years of age or older at time of entry. Employees, directors, and officers, of Agua Plus LLC (“Sponsor”), and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Sweepstakes, and their immediate family members (spouse, parents, step-parents, children, step-children, siblings and their respective spouses, regardless of where they reside) and those living in the same household of each such employee, director, and officer, whether or not related, are not eligible to enter or partake in a prize. Void where prohibited. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
3. HOW TO ENTER
Beginning at 12:00:00 a.m. EST on May 1 2023 through 11:59:59 p.m. EST on April 30 2024 head to @aguaplusalkaline on Instagram (“Website”) and follow the on-screen instructions on the giveaway post dated April 30 2023 to submit an entry. Unlimited entry per person provided that the media (image or video) content of each entry is substantially unique. All entries must be received by 11:59:59 p.m. EST on April 30 2024 to be eligible for the grand prize drawing. In the event of a dispute as to who submitted an entry, the name of the “authorized account holder” associated with the email address or social media account (e.g. Instagram or Facebook) submitted at time of entry will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address; or in the event of a social media account (e.g. Instagram or Facebook), the authorized account holder is defined as the natural person who is assigned to the social media account by the social media platform. Sponsor will not verify receipt of entries. Entries that are late, lost, stolen, undelivered, illegible, contain false information, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in these Official Rules will be void. Use of any automated program to enter will result in disqualification. The Website’s database clock will be the official timekeeping device for the Sweepstakes.
4. DRAWING/ODDS:
THREE (3) Grand Prize winners will be selected from among all eligible entries received at the end of the contest period. The odds of winning the grand prize depend upon the number of eligible entries. Entrants must adjust their Instagram or Twitter settings to ‘Public’ and respond within timeframe provided below.Grand prize drawings will be conducted on May 1 2024. Limit of ONE (1) Grand Prize per Grand Prize winner.
Each month during the entry period THREE (3) monthly prize winners will be randomly selected from among all eligible entries received within each corresponding calendar month. The odds of winning a monthly prize depend upon the number of eligible entries. Monthly drawings will be conducted on the first business day following the last day of each calendar month. All winners will be notified by Direct Message on Instagram from the official Agua Plus Instagram account @aguaplusalkaline. Failure of a potential winner to respond to Message within twenty-four (24) hours of notification will result in disqualification and an alternate potential winner may be selectedWinners agree to be bound by these Official Rules and the decisions of the Sponsor and/or Administrator, whose decisions are final on all matters relating to these Sweepstakes. Limit one (1) monthly prize per person. Winner of a monthly prize remains eligible to win a Grand Prize.
5. PRIZES:
- GRAND PRIZES. THREE (3) total Grand Prizes, THREE (3) randomly selected Grand Prize winners.
- ONE (1) First Prize: One (1) 1st Grand Prize winner will receive one (1) king room for a three night stay at the SLS Cancun Hotel, Mexico (ARV up to $1,400.00), two (2) round-trip airfares from home destination to Cancun International Airport (ARV up to $1,500), one (1) $1,500 Visa gift card (ARV $1,500.00), paid brand ambassador contract (ARV $5,000.00) and twelve (12) 24-Pack cases of Agua Plus (ARV $39.59 each) each year for twenty-five (25) years. Total ARV of first Grand Prize Package: $21,277.00 USD.
- ONE (1) Second Prize: One (1) 2nd Grand Prize winner will receive one (1) $1,000 Visa gift card (ARV $1,000.00) and twelve (12) 24-Pack cases of Agua Plus (ARV $39.59 each). Total ARV of second Grand Prize Package: $1,475.08 USD.
- ONE (1) Third Prize: One (1) 3rd Grand Prize winner will receive one (1) $500 Visa gift card (ARV $500.00) and three (3) 24-Pack cases of Agua Plus (ARV $39.59 each). Total ARV of third Grand Prize Package: $618.77 USD.
- Total ARV of all Grand Prize Packages: $23,370.85 USD.
- THIRTY-SIX (36) total Monthly Prizes, THIRTY-SIX (36) winners.
- Each of the monthly prize winners will receive one (1) $100 Visa gift card (ARV $100.00 each) and one (1) 24-Pack of Agua Plus alkaline water (ARV $39.59).
- Total ARV of each monthly prize package: $139.59 USD. Total ARV of all Monthly Prize Packages: $5,025.24 USD.
- Total ARV of all Prize Packages combined: $28,396.09 USD. Winners must comply with these Official Rules.
- No other substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value if prize cannot be awarded as stated. Sponsor reserves the right to revoke the prize if the winning entrant of any prize cannot be contacted through Instagram within five (5) days after being notified by Direct Message on Instagram. All prize details are at the sole discretion of Sponsor. Prizes will be shipped to winners within 6-8 weeks at the addresses provided to the Sponsor after being notified of the winning entry. Annual recurring prize will be shipped to winner each eligible year within 6-8 weeks of the contest anniversary date of April 30th, at the address provided to the sponsor after being notified of the winning entry. Sponsor is not responsible for change of mailing address. Return of any prize as undeliverable, or the determination that a potential winner is ineligible to receive a prize, may result in forfeiture of the prize and result in an alternate winner being selected in accordance with these Official Rules.
6. GENERAL
By participating, entrants (a) agree to abide and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are final and binding in all matters; (b) consent to the use by Sponsor and its designees of their names, cities and states of residence, and prize information for advertising, trade and promotional purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law; and (c) to release, discharge and hold harmless, Sponsor, Administrator, and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Sweepstakes, and the respective directors, officers, agents and employees of the foregoing (collectively, the “Released Parties”) from any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes, and the acceptance, use, misuse or possession of a prize, including as set out in the Limitations of Liability section. Entrants who have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Website; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, the Administrator, Sponsor or Sponsor’s representatives. If Sponsor or Administrator suspects that an entrant has engaged in an unsportsmanlike or disruptive manner, the entrant will be contacted as soon as practicable. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE SWEEPSTAKES. All materials submitted become the property of Sponsor and will not be returned.
7. LIMITATION OF LIABILITY
Released Parties do not assume any responsibility and the entrant releases the Released Parties from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the Sweepstakes, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of winners, and the arranging, awarding and use of a prize. Without limiting the generality of the foregoing, the Released Parties are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, contain false information, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Official Rules; (iii) any loss, damage, or claims caused by, or in any way related to an awarded prize or the Sweepstakes itself; (iv) failure of the Website or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human or technical, errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer online systems, servers, access providers, computer equipment, software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (v) any errors, omissions, incorrect or inaccurate information in any Sweepstakes-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Sweepstakes howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; (vii) any claims regarding the accepting, arranging, awarding or use of a prize; or (viii) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to modify, terminate or suspend this Sweepstakes (or portion thereof), or to amend the Official Rules, at any time, in any way, and without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to terminate the Sweepstakes. In the event of termination, Sponsor may conduct the random drawings from among all eligible, non-suspect Sweepstakes entries received up to time of such action for this Sweepstakes. In the event of any such termination or suspension, a notice may be posted at on the @aguaplusalkaline Instagram account or www.aguaplus.com. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Wyoming or the appropriate Wyoming State Court located in Laramie County, Wyoming; (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 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Sponsor and Promoters in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Wyoming without giving effect to any choice of law or conflict of law rules (whether of the State of Wyoming or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wyoming.
8. BINDING ARBITRATION
Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Wyoming law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF- POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of State of Wyoming, United States of America, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Wyoming in the County of Laramie.
9. WINNERS’ LIST
For a list of winners (available after May 1 2024, send a self-addressed, stamped, business size (#10) envelope by May 10 2024 to: Agua Plus LLC, 1439 E 11 Mile Road Madison Heights MI 4807
10. SPONSOR
Agua Plus LLC, 1439 E 11 Mile Road Madison Heights MI 4807
11. CONSENT TO USE PERSONAL INFORMATION
The Sponsor respects your right to privacy. By entering this Sweepstakes, you consent and agree to Sponsor’s collection and use of your information to administer this Sweepstakes.
12. PUBLICITY
Participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for advertising, promotional and all other purposes in any and all media, now or hereafter known, worldwide in perpetuity, without further payment or consideration, notification or permission. Participant further represents and warrants they maintain ownership over their entry submission and said entry submission does not infringe or violate the rights of any third party.
13. RULES GOVERN
In the event of any discrepancy or inconsistency between these Official Rules and disclosures or other statements contained in any Sweepstakes related materials, including, but not limited to, the Sweepstakes entry form, these Official Rules shall prevail, govern and control.
14. SEVERABILITY
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
