Sparkling Ice Spiked – Holiday Hero Sweepstakes

Official Rules
Sparkling Ice Spiked Holiday Hero Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING. OFFERED ONLY TO LEGAL RESIDENTS OF THE UNITED STATES
(EXCLUDING CO, LA AND WV), AGED 21 YEARS OR OLDER. THE ODDS OF WINNING
WILL DEPEND ON THE NUMBER OF ENTRIES SUBMITTED. PRIZES DO NOT INCLUDE
ALCOHOLIC BEVERAGES.
1. ENTRY PERIOD
Sparkling Ice Spiked Holiday Hero Sweepstakes (the “Sweepstakes”) is open to
participants between November 1, 2021 at 12:00:01 am Central time and December 15,
2021 at 11:59:59 pm Central time (the “Sweepstakes Period”). All entries must be
received by December 15, 2021 at 11:59:59 pm Central time. Sponsor’s (defined below)
computer is the official clock for all purposes of this Sweepstakes.
2. ELIGIBILITY
To enter the Sweepstakes you must be a lawful permanent resident of the fifty (50)
United States or D.C. (excluding CO, LA and WV), and 21 years of age or older at the
time of entry (“Participant”). The Sweepstakes is void anywhere prohibited or restricted
by law, regulation, rule, or otherwise. The Sweepstakes, and any website pages and
advertisements related thereto, is intended for viewing and participating only in the
United States. The Sweepstakes is governed by U.S. law and is subject to all applicable
local, state, and federal laws and regulations.
The Sweepstakes is not open to employees, temporary employees, independent
contractors, agents, owners, officers, members, or directors or members of any of those
persons’ households or immediate families (including, but not limited to, spouses,
parents, siblings, children and each of their respective spouses) of: (a) Beverage
Innovation Corporation Inc. dba Sparkling Ice Spiked, (“Sponsor” and its parents,
subsidiaries, or affiliated companies); (b) any state alcohol commission, or (c) a licensed
alcoholic beverage retailer, distributor, or wholesaler, or a parent, subsidiary, affiliate,
or advertising or promotional agency of such a retailer, distributor, or wholesaler.
3. HOW TO ENTER
By entering the Sweepstakes, Participant agrees and consents to be bound by these
Official Rules and the decisions of the Sponsor, which shall be final and binding, and
waives any right to claim ambiguity in the Sweepstakes or these Official Rules. During
the Sweepstakes Period, visit www.spikedholidayhero.com (“Website”) and complete
the entry form. Upon completion, you will automatically receive one (1) entry. Limit one (1)
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entry (“Entry”) per person/email address during the Sweepstakes Period. All entries must be
received by 11:59:59 PM CT December 15, 2021.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT
ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE
TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO
PARTICIPATE IN THESE SWEEPSTAKES. ENTRANTS SHOULD CONSULT
THEIR WIRELESS PROVIDER’S PRICING PLANS. MOBILE ENTRY IS NOT
REQUIRED TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES.
4. RESTRICTIONS ON PARTICIPANTS AND ENTRIES
By participating in this Sweepstakes entrants agree that the Sweepstakes Entities and
their respective affiliates, subsidiaries, representatives, consultants, contractors, legal
counsel, advertising, public relations, promotional, fulfillment and marketing agencies,
website providers, Web masters and their respective officers, directors, employees,
representatives, designees and agents (“Released Parties”) are not responsible for lost,
late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications
or postal mail; or for any computer, telephone, satellite, cable, network, electronic or
Internet hardware or software malfunctions, failures, connections or availability; or
garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net
accessibility, availability or traffic congestion; or any technical, mechanical, printing, or
typographical or other error; or unauthorized human intervention; or the incorrect or
inaccurate capture of registration information; or the failure to capture, or loss of, any
such information. The Released Parties are not responsible for any incorrect or
inaccurate information, whether caused by any Website users, tampering, hacking or by
any of the equipment or programming associated with or utilized in the Sweepstakes
and assume no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, technical error, theft or
destruction or unauthorized access to the Website or any Sweepstakes-related
website(s). The Released Parties are not responsible for any injury, illness, death, losses
or damage, whether personal or property, to participants or to any person’s computer
related to or resulting from participating in the Sweepstakes and/or accepting or using
any Prize or any food product provided to winners. The Released Parties shall not be
responsible or liable for entries that are entered by any automated computer, program,
mechanism or device, for any entries in excess of the stated limit or for entries that are
late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted,
damaged, garbled or otherwise not in compliance with the Official Rules, and all such
entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor
reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the
Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners
in a manner it deems fair and reasonable including the selection of the winners from
among eligible Sweepstakes entries received prior to such cancellation, termination,
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modification or suspension. In no event will more prizes be awarded than are stated in
these Official Rules. In the event that, due to technical, typographical, mechanical or
other errors, there are more winners than are stated in these Official Rules, a random
drawing among the claimants will be held to determine the winners. If for any reason,
including but not limited to an administrative, printing, production, computer or other
error or due to technical difficulties or incorrect announcements of any kind, more
winning messages are distributed, or more prizes are claimed than are intended to be
awarded according to these Official Rules, the intended prizes will be awarded in a
random drawing from among all verified prize claims received.
5. WINNERS
Beginning November 8, 2021 and for each subsequent Monday until December 13th
2021, there will be a weekly random drawings for Prizes (“Random Drawing”). Prize
drawings will be conducted on November 8th, 15th, 22nd, 29th, and December 6th, 13thof
2021.
Grand Prize drawings will take place on or around December 16, 2021.
Potential Winners will be notified by e-mail within 2 days of the random drawing. For prizes
with an ARV of $600.00 or more, before being declared a Winner, the potential Winners will be
required to execute an Affidavit. The potential Winners must return a fully executed and
notarized Affidavit and photo of a Government issued ID with proof of age to the Sponsor or its
authorized designee within ten (10) calendar days from the date it is postmarked as being sent
to the potential Winner or the Prize may (in Sponsor’s sole discretion) be forfeited. If a potential
Winner is disqualified, found to be ineligible or not in compliance with these Official Rules,
declines to accept a Prize, or in the event that a potential winner fails to return an executed and
notarized Affidavit within the ten (10) calendar day deadline, the Prize may be forfeited, and in
the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate Winner,
selected in a random drawing from among all remaining eligible Sweepstakes entries, as
determined by Sponsor in their sole discretion. Upon verification of eligibility, Sponsor, or its
designee will contact Winner to arrange prize details. There is a limit of one (1) prize per person.
All prize drawings will be conducted by Arrowhead Promotion and Fulfillment Co., Inc.,
(the “Administrator”) an independent judge or judging agency, whose decisions shall be
final in all matters pertaining to this Sweepstakes, where a randomly selected number of
weekly winner quantities will be designated (“Potential Winner”) and randomly assigned
with a prize (“Prize”). Random Drawings will be selected from among all of the eligible
Entries on the stated Drawing Dates, non-winning Entries will be rolled into the
subsequent Random Drawing(s).
Any Winners must be twenty-one (21) years of age or over.
No ineligible participants may win.
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Sponsor reserves the right to disqualify any Winner and rescind any prize for any
violation of these Official Rules or as required by state or federal law, rule, regulation, or
other directive and reasons including but not limited to: [a] potential Winner’s failure to
execute and return the Prize Claim documents; [b] potential Winner’s failure to provide
Sponsor with satisfactory proof of age, identity and residency; and [c] any other non-
compliance with these Official Rules. In the event of prize forfeiture, the Sponsor may,
in its sole discretion, award or not award the forfeited prize to an alternate Winner.
Once the potential Winner has completed all requirements in these Official Rules and
been verified by Sponsor and/or Administrator, they will be declared a Winner. To be
declared a winner and to receive a Prize, a potential winner must submit the
documentation requested by Sponsor in order to verify their eligibility. When such
information is returned to Sponsor and successfully verified, and potential winner is
otherwise in compliance with these Official Rules, potential winner will be determined
to be a Sweepstakes Winner (“Potential Winner”).
Odds of winning depend on number of eligible Entries received.
6. PRIZES
Weekly Drawing Prizes: Three (3) Oak Street Bar Carts, Approximate Retail Value
(“ARV”) $317.00 each; Twelve (12) Cocktail Bar Tool Set with four Highball glasses sets,
ARV $170.20 each.
Grand Prizes: Two (2) $5,000 winners awarded in the form of a check, ARV $10,000
The combined ARV of all Prizes is $12,993.12. There are 15 weekly prizes total to be
given away randomly throughout the Sweepstakes Period. The specific quantity of Prizes
to be given away in each Drawing Date may vary at Sponsor’s sole discretion, based on
how many entries are received by each Drawing Date.
The ARV’s are subject to change based on the current market conditions at the time of
Prize fulfillment. Any difference between the ARV’s and the actual Prize values, if any,
will not be awarded.
All expenses not specifically identified as included in the Prize are the sole responsibility
of each respective Winner. All costs, fees, and expenses associated with any element of
the Prize not specifically addressed above are the sole responsibility of each respective
Winner.
Prizes must be accepted as they are described in these Official Rules and cannot be, in
whole or in part, transferred to another person, substituted for another Prize, or
exchanged for money, without the prior express written consent of Sponsor.
By participating in the Sweepstakes, Participants agree to the collection, use, and
communication of their personal information, in accordance with our Privacy Policy
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https://www.sparklingicespiked.com/privacy/, by the Sponsor and/or its authorized
agents in order to manage the Sweepstakes and Prizes. Except where prohibited by law,
Participant grants Sponsor a license to use Participant’s name, photograph, likeness,
statements, entry materials, biographical information, voice, and city and state address
on a worldwide basis, and in all forms of media, in perpetuity, and without any notice,
payment, or compensation.
All applicable taxes (including federal, state, and local taxes) on prizes are the respective
Winners’ responsibility.
Prizes are provided “as is.” Participant acknowledges that Sponsor has neither made,
nor is in any manner responsible for, any warranty, representation, or guarantee,
express or implied, in fact or in law, relative to the Prizes, including any express
warranties provided by a Prize supplier that are sent along with the Prizes, and any
implied warranty of merchantability, or fitness for a particular purpose.
7. DECLARATION OF SWEEPSTAKES, AUTHORIZATION, AND RELEASE REGARDING
ENTRY
By submitting an Entry, Participant irrevocably grants Sponsor and its representatives all
rights, title, and interest in the Entry including, but not limited to, copyright and
trademark rights, which Participant holds or will hold in the Entry and to waive, for the
benefit of Sponsor, any rights that the Participant holds or will hold in the Entry. This
grant includes the unconditional, worldwide, and perpetual right by Sponsor, without
compensation to Participant, to use the Entry for the purposes of this Sweepstakes or
any other purpose (including but not limited to using, reproducing, disseminating,
publishing, distributing, performing in public, and/or editing the Entry) including without
limitation for broadcast in various media including Sponsor’s websites, social media
websites, web banners, or advertising material at points of sale for promoting Sponsor’s
products.
By submitting an Entry, Participant agrees to release, discharge, indemnify, defend, and
hold harmless Sponsor, Administrator and each of its respective officers, directors,
employees, representatives and agents from and against any claims, damages or liability
whether arising in tort, contract, or otherwise, due to any actual or alleged injuries,
damages or losses to any person (including death) or property of any kind resulting in
whole or in part, directly or indirectly, from acceptance, possession, misuse or use of
any prize or participation in any Sweepstakes-related activity or participation in this
Sweepstakes.
8. WAIVER AND LIMITATIONS OF LIABILITY
Participant acknowledges and agrees that Sponsor, its respective affiliates, subsidiaries,
parent corporations, and their respective officers, directors, shareholders, employees
and agents, and any and all internet servers and access provider(s) are not responsible
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for: any incorrect or inaccurate Entry information; human error; technical malfunctions;
failures, omissions, interruptions, deletions, or defects of any telephone network,
computer online system, computer equipment, server provider, or software, including
any injury or damage to participant’s or any other person’s computer relating to or
resulting from participation in this Sweepstakes; inability to access the website; theft,
tampering, destruction, or unauthorized access to, or alteration of, Entries; transactions
that are processed late or incorrectly or are incomplete or inaccurate or lost due to
computer or electronic malfunction or traffic congestion on the internet or at any
website; printing or human or other errors; and any Entries which are late, lost,
incomplete, misdirected, stolen, mutilated, illegible or postage due, or any combination
thereof. Participants assume all risk with regard to the creation and submission of their
Entries and the uploading to, downloading from, or otherwise accessing, transmitting or
in any way using any website associated with this Sweepstakes, including but not limited
to thewinepromotion.com. Sponsor specifically disclaims responsibility for any such
damage or loss, including but not limited to viruses, spam, hacking, theft, bugs, or
worms, and/or the loss or destruction of files.
Sponsor may prohibit a Participant from participating in the Sweepstakes or winning a
prize if, in its sole discretion, it determines that said Participant is attempting to
undermine the legitimate operation of the Sweepstakes by cheating, hacking,
deception, or any other unfair playing practices (including, but not limited to, the use of
automated quick entry programs) or intending to annoy, abuse, threaten or harass any
other Participant or Sponsor representative, or has violated these Official Rules. If for
any reason this Sweepstakes is not capable of running as planned, including, but not
limited to tampering, unauthorized intervention, fraud or any other cause beyond the
reasonable control of Sponsor which corrupt in any way or affect the administration,
security, fairness, integrity, fulfillment or proper conduct of the promotion, then
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or
suspend the Sweepstakes and select a potential winner from those Entries received up
to the cancellation/suspension date. ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY
DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE
SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH
AN ATTEMPT BE MADE, PARTICIPANT ACKNOWLEDGES AND AGREES THAT SPONSOR
RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES)
FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING
CRIMINAL PROSECUTION.
IN NO EVENT SHALL SPONSOR, ITS AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS,
OR ASSIGNS, NOR EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES,
REPRESENTATIVES, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR
LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES OR ANY
PARTICIPANT’S PARTICIPATION, ATTEMPTED PARTICIPATION, ENTRY, USE OR MISUSE OF
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ANY PRIZE, OR OTHER ACTIVITIES IN CONNECTION WITH, OR ARISING OUT OF, THE
SWEEPSTAKES.
9. RULES/WINNER’S LIST
For the winners’ names (available after December 20, 2021), send a hand-printed, self-
addressed, stamped envelope by December 31, 2021 to: Winners List, Sparkling Ice
Spiked Holiday Sweepstakes Winners, c/o Arrowhead Promotion & Fulfillment Co., Inc.,
Attn: S8329W, 1105 SE 8th Street, Grand Rapids, MN 55744. Residents of Vermont
residents may omit postage.
10. SPONSOR / ADMINISTRATOR:
Beverage Innovation Corporation, Inc. dba Sparkling Ice Spiked, Preston, WA. is the
Sponsor of the Sweepstakes. Arrowhead Promotional & Fulfillment Company, 1105 SE
8th Street, Grand Rapids, MN 55744 is the Administrator of the Sweepstakes.
11. GENERAL TERMS AND CONDITIONS
Website Access. Sponsor does not, in any way, guarantee that any internet site(s)
associated with this Sweepstakes, will be accessible or operational without interruption
throughout the Sweepstakes Period or exempt from all errors.
Sponsor’s Absolute Right to Terminate Sweepstakes. Sponsor reserves the right, in its
sole discretion, to terminate, cancel, end, modify, or suspend, in whole or in part, the
Sweepstakes for any or no reason. Participant shall have no recourse in such event nor
shall such event diminish Sponsor’s rights in their Entries.
Dispute Resolution. All disputes arising out of this Agreement or the parties’
relationship hereunder shall be resolved by final and binding arbitration in Seattle,
Washington in accordance with the Commercial Arbitration Rules of the American
Arbitration Association. Arbitration as provided herein shall be the exclusive remedy for
all claims and disputes. Judgment upon any award rendered by the arbitrator(s) may be
entered in any State or Federal court having jurisdiction thereof. The expenses of the
arbitration shall be borne equally by the parties. Any Claim shall be arbitrated on an
individual basis and shall not be consolidated with any Claim of any other party whether
through class action proceedings, class arbitration proceedings, or otherwise.
Waiver. Failure by Sponsor to enforce or exercise any rights under the terms of these
Official Rules shall not be deemed a waiver of such terms or of any rights.
Severability. If any provision of these Official Rules is declared or judged illegal,
unenforceable, or void by a court of competent jurisdiction, the illegal, unenforceable,
or void portion of the provision will be considered stricken from the Official Rules but
the remainder of the Official Rules will continue in full force and effect within the limits
permitted by law.
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Spiked Ice Holiday Sweepstakes Abbreviated Rules:
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF
WINNING. ALCOHOL IS NOT PART OF THE PRIZE. Open to legal residents of US and DC
(Excluding CO, LA and WV), 21 and older. Void where prohibited. Starts at 12:00:01 AM
CT on 11/1/21 and ends at 11:59:59 PM CT on 12/15/21. Subject to official rules at
www.spikedholidayhero.com; to receive a copy of the Official Rules, send an email to
sweeps@apfco.com. Include the name of this Sweepstakes “Sparkling Ice Spiked
Holiday Sweepstakes” and specify “Official Rules” in the subject line. Sponsor: Sparkling
Ice Spiked, Preston, WA.
Abbreviated Rules for Social:
NO PURCH NECESSARY. ALCOHOL IS NOT PART OF THE PRIZE. US and DC (Excl. CO, LA
and WV) 21+. Ends 12/15/21. Rules: https://bit.ly/38oXQDZ