Danone Waters Of America – Evian Us Open Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY.

Sweepstakes Period: The US Open Sweepstakes presented by evian® (the “Sweepstakes”) begins at 12:00 p.m. Eastern Time (“ET”) on June 15, 2019 and ends at 12:00 p.m. ET on July 31, 2019 (the “Sweepstakes Period”).

How To Enter: There are two (2) ways to participate, as follows:

Via Text/Site: To participate using a text-enabled cell phone/device, send a text message with the word “WINEVIAN” to the short code “24587”. Next, you will receive a text message back with instructions on how to visit the Site (as defined below) to complete all required registration information, including selecting where you would purchase evian® (the “retailer”) from the retailer drop-down menu. If you select Kroger, Hy-Vee, Jewel, Schnucks, or Albertsons SoCal (collectively, the “select retailers”), you will receive one (1) entry (the “Entry”) into the corresponding select retailer’s random drawing, as described below. If you select “other” or any other retailer (not including the select retailers) in the drop-down menu on the registration form, you will receive one Entry into the “other”/non-select random drawing, as described below.

Data and text-messaging rates may apply. Text “STOP” to 24587 to stop.  Text “HELP” to 24587 for help. Text messaging requires 2-way text messaging capable device.

Via the Site Only: To enter the Sweepstakes during the Sweepstakes Period, visit evianusopen.com (the “Site”) to complete all required registration information, including selecting the retailer where you would purchase evian® from the retailer drop-down menu. If you choose a select retailer, you will receive one (1) entry (the “Entry”) into the corresponding select retailer’s random drawing, as described below. If you select “other” or any other retailer (not including the select retailers) in the drop-down menu on the registration form, you will receive one Entry into the “other”/non-select random drawing, as described below.

All eligible Entries must be received by 12:00 p.m. ET on July 31, 2019. Entries become the property of Sponsor upon receipt and will not be acknowledged or returned. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged Entries.  Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.

Limit one (1) Entry per person per day, regardless of method of Entry.

NOTE ABOUT PARTICIPATING VIA TEXT USING A DEVICE: When you use your device and/or transmit data via your device, standard data/text messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes. Check your device’s capabilities for specific instructions. Privacy Policy: http://www.evian.com/en_US/8-legal-notice.  

Eligibility: Open to legal residents of the 50 United States or the District of Columbia, 18 years of age or older as of date of Entry. Employees of Danone Waters of America, Inc. (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively “Sponsor and its Administrators”),  United States Tennis Association Incorporated (“USTA”) and its affiliates, parents and subsidiaries, and each of their respective employees, shareholders, directors, officers, members and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win. Void where prohibited and subject to all federal, state and local laws.

Sweepstakes Drawings: Ten (10) Prize winners [one (1) per select retailer (totaling 5) and five (5) from among all eligible Entries received where “other” or any other retailer (not including the select retailers) was selected from the retailer drop-down menu on the registration form], will be selected in separate random drawings on or about August 1, 2019 from among all eligible Entries received for each select retailer and from “other”/non-select retailers.  The random drawings will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. Prizes will be awarded provided a sufficient number of Entries are received per retailer and from “other”/non-select retailers. The odds of winning a prize will depend on the number of eligible Entries received for each select retailer and for “other”/non-select retailers during the Sweepstakes Period.

Grand Prize and Approximate Retail Value (“ARV”): Grand Prize [10 total – 1 per select retailer (5 total), and 5 from “other”/non-select retailer entries]:  A 3-day/2-night trip for two (2) to a New York, NY to attend select matches of the US Open Tennis Championships on either September 7, 2019 or September 8, 2019 (“US Open”). Trip includes round trip economy class air transportation from the major airport nearest the winner’s home to New York, NY; round trip ground transportation to/from airport/hotel; two (2) nights’ hotel accommodations (based on double occupancy); two (2) tickets to attend select matches taking place during one (1) day of the US Open; and $500 awarded as a check made payable to the winner (ARV: $5,000 each).  Actual ARV of Grand Prize may vary due to winner’s residence, dates of travel and fares at time of travel. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute prize of equal or greater value. All federal, state and local taxes are the sole responsibility of each Grand Prize winner.

Grand Prize Rules: Airline carrier’s regulations and conditions apply. Trips may not be combined with any other offer and travel may not qualify for frequent flyer miles. Grand Prize winners and guests must possess valid travel documents (i.e., valid government issued photo ID, etc.) in order to travel. Seat selection and timing of trip subject to availability and confirmation of reservations. Certain restrictions apply including black-out dates. Grand Prize trips must be taken on dates specified by Sponsor, surrounding September 7th to September 9th, 2019, or prize will be forfeited. Travel must be round trip. In the event a Grand Prize winner lives within a 150-mile radius of destination city, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided for air transportation portion of Grand Prize. Sponsor will not replace any lost, mutilated, or stolen travel vouchers or certificates. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, meals, ground transportation, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges, personal charges at lodging, security fees, entertainment and transfers, are each Grand Prize winner’s sole responsibility. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize (or portion of a prize) of equal or greater value in the event the prize is unavailable or the US Open is cancelled for reasons out of Sponsor’s control. Grand Prize winners will be responsible for any other costs or expenses associated with the Grand Prize, including payment of applicable taxes. Unless a relative of a Grand Prize winner, guest must be eighteen (18) years of age or older as of date of departure and must travel on same itinerary and at the same time as the Grand Prize winner. Guest (or winner/parent/legal guardian on behalf of minor guest) must execute liability/publicity releases prior to issuance of travel documents. In the event Grand Prize winner and/or any of his or her guests engage in behavior during the stay that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the stay early with no further obligations or compensation whatsoever to Grand Prize winner.  In the event a Grand Prize winner or any guest engages in behavior during the stay that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner or his/her family member to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or the guest as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF A GRAND PRIZE WINNER’S OR GUEST’S ACCEPTANCE OR USE OF THE PRIZE. Grand Prize winner and all guests are also subject to terms and conditions imposed by airline and hotel.

General Rules:  Potential Grand Prize winners will be notified via email/email link. Potential Grand Prize winners will be required to sign and return, via email/email link, an Affidavit of Eligibility and liability and publicity release, except where prohibited, within forty-eight (48) hours of notification. If a potential Grand Prize winner fails to return the completed affidavit within forty-eight (48) hours, or if affidavit is returned as undeliverable or if potential Grand Prize winner is deemed ineligible, the prize will be forfeited and an alternate Grand Prize winner will be selected, time permitting. Return of prize notification as undeliverable may result in disqualification and alternate selection, time permitting. All taxes related to the prizes are the responsibility of the Grand Prize winners. Acceptance of prize constitutes permission to Sponsor and its Administrators to use Grand Prize winners’ names and likenesses for promotional purposes without further compensation except where prohibited by law. Grand Prize winners, by accepting a prize, their guests and all entrants, as a condition of entry/participation, agree, as applicable, to release and hold harmless Sponsor and its Administrators, USTA, USTA National Tennis Center Incorporated, City of New York, their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies and their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes, from and against any and all liability, claims or actions of any kind whatsoever, for injuries, death, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of prize awarded, or while preparing for, participating in or from any prize-related activity or for any typographical or other error in these Official Rules or the announcement or offering of the prizes. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email account used to enter, will be deemed to be the entrant.  “Authorized account holder” of the email account is defined as the natural person who is assigned to the email account by an internet service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses.  Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates these Official Rules; acts in an unsportsmanlike or disruptive manner: or acts with intent to annoy, abuse, threaten or harass any other person. Sponsor and its Administrators are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the Entries and administration of the Sweepstakes. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it cannot be completed as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will award prizes in random drawings from among all eligible Entries received for each select retailer and for “other”/non-select retailers prior to cancellation.

Conditions: The Sweepstakes and the Official Rules shall be exclusively governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law provisions. Entrants submit to exclusive personal jurisdiction in New York and agree that any dispute shall be brought in the state and federal courts in New York. As a condition of entering the Sweepstakes, entrant agrees that: 1) under no circumstance will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will participant be entitled to receive attorney’s fees or other legal costs.  

Winners List: For a list of Grand Prize winners, available after August 15, 2019, send a stamped, self-addressed envelope by September 14, 2019, to:  The US Open Sweepstakes presented by evian® – Winners, 100 Marcus Dr. Attn: MG, Melville, NY 11747.

Sponsor/Administrator: The Sponsor of the Sweepstakes is Danone Waters of America, Inc., 100 Hillside Avenue, White Plains, NY 10603.  The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.