Talking Rain Beverage – Sparkling Ice Cheers To Heroes National Contest & – Win featured in the winning Nomination Submission and $500.00 to be awarded to the Nominator featured in the winning Nomination Submission
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, EACH NOMINATOR AGREES TO THESE OFFICIAL RULES.
By submitting a Submission, you hereby acknowledge and agree that your Submission may APPEAR ON SPONSOR’S WEBSITE AND SOCIAL MEDIA CHANNELS without prior consent by or notice to the NOMINATOR OR NOMINEE and for no additional compensation.
Eligibility: The Sparkling Ice Cheers to Heroes 2020 National Contest & Sweepstakes (“Promotion”) is offered to those who are 18 years of age or older (or 19 for residents of AL & NE), who are legal residents of the 50 United States or District of Columbia to nominate an individual that is their community hero (“Nominator”). Each nominee being nominated in the Promotion must be at least 18 years of age or older (or 19 if a resident of AL or NE), and be a legal resident residing in the 50 United States or District of Columbia (each, a “Nominee”). Each person voting for their favorite Submission (defined below) must be at least 18 years of age or older (or 19 if a resident of AL or NE), and be a legal resident residing in the 50 United States or District of Columbia (each, a “Voter”). PLEASE NOTE that the Nominee is the person who may be deemed the Prize winner, and not the Nominator. The Nominator and Nominee MAY NOT be the same person (i.e., you may not nominate yourself). Employees of Talking Rain Beverage Company, Inc. (the “Sponsor”), Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE 8th St, Grand Rapids, MN 55744 (“Administrator”), or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion (collectively with Sponsor and Administrator, the “Promotion Entities”) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes Nominator’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Promotion Periods: The Promotion begins at or about 12:00:00 AM Central Time (“CT”) on April 7, 2020, and ends at or about 11:59:59 p.m. CT on August 31, 2020 (the “Promotion Period”). The Promotion Period consists of three (3) separate periods consisting of:
Submission periods where Nominators may submit their Nomination. Each Submission period begins at 12:00:00 AM CT on the start date listed below and ends at 11:59:59 PM on the end date (each, a “Submission Period”). There will be three (3) separate Submission Periods as follows:
Submission Period #1: Begins at on April 7, 2020 and ends on May 3, 2020
Submission Period #2: Begins on May 4, 2020 and ends on May 24, 2020
Submission Period #3: Begins on May 25, 2020 and ends on June 14, 2020
Judging periods, when members of a panel of judges will vote for their top Nomination Submission from each Submission Period entries. There will be three (3) separate judging periods as follows (each, a “Judging Period”):
Judging Period #1: Begins on May 4, 2020 and ends on May 10, 2020
Judging Period #2: Begins on May 25, 2020 and ends on May 31, 2020
Judging Period #3: begins on June 15, 2020 and ends on June 30, 2020
A public voting and sweepstakes period, where members of the public can cast their vote for their favorite Nomination Submission and simultaneously automatically receive an entry into the Sweepstakes, begins at 12:00:00 AM CT on July 1, 2020, and ends at 11:59:59 PM CT on July 31, 2020 (“Pubic Voting and Sweepstakes Period”).
How to Enter the Contest Portion of the Promotion: To enter the contest portion of the Promotion (“Contest”), Nominators can visit sparklingice.com/cheerstoheroes during any Submission Period, find and complete the online official entry form, which includes providing an essay in 300 words or less or uploading a video of no more than three (3) minutes, explaining why the person you are nominating as the Nominee is a hero in your community (each, a “Nomination Submission”). Nomination Submissions should include specific examples of the Nominee’s accomplishments and clear demonstrations of any or all of the three (3) qualities of leadership, dedication and service to your community and the impact of these accomplishments. Limit one (1) Nomination Submission per person. Sponsor is not responsible for internet or telephone line unavailability, incomplete uploads of any Nomination Submission, or other technical problems that may arise in connection with your entry into the contest portion of the Promotion. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. By submitting a Nomination Submission, you hereby acknowledge and agree that the Nomination Submission, or portions thereof, may be shown on Sponsors website and other social media channels without prior consent by or notice to the Nominator and for no additional compensation. Further, each Nominator certifies that the Nomination Submission is his or her own original work, and that he or she has the right to allow the publication of the Nomination Submission without restriction, and Sponsor’s use of the Nomination Submission will not infringe the rights of any third parties (e.g., copyrights, rights of publicity, etc.).
Further, by uploading a Nomination Submission, Nominator agrees to grant a perpetual license to Sponsor, at no cost to Sponsor, in all intellectual property rights in the Nomination Submission, including, without limitation, the Sponsor’s right to publish, copy, edit, distribute and otherwise make available to the public and/or reproduce the Submission through any media available at any time during or after the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Promotion. In addition, Nominator warrants that any so called “moral rights” in the Nomination Submission have been waived in favor of Sponsor, and Nominator acknowledges and agrees that Sponsor may use any ideas from any Nomination Submission or other submitted materials, whether or not Nominator has been awarded a prize in connection with any such Nomination Submission or other materials.
Judging Periods/How Contest Finalists are Chosen: Then, during each Judging Period, each Nomination Submission will be judged from among all eligible Nomination Submissions received during the Submission Period immediately preceding each Judging Period, using the following judging criteria and percentages: (1) the Nominees accomplishments (33.3%), how the Nominee has made an impact on the community (33.3%), how well the Nominee exhibits leadership, dedication and service to their community (33.4%) (collectively, the “Judging Criteria”). The top Nomination Submission with the highest overall score using the Judging Criteria will be deemed the Finalist for that Judging Period, and that Nomination Submission will then move on to the Public Voting portion of the Promotion and will receive a Finalist Prize (which, agreeing to accept the Finalist Prize is a condition precedent to being named an official Finalist). In the event of a tie, the Nomination Submission with the highest score in the “how well the Nominee exhibits leadership, dedication and service to their community” category will be deemed the winning Finalist from among all tying Nomination Submissions. Sponsor reserves the right to select no Finalist from any Judging Period in the event not enough sufficient and eligible Nomination Submissions are received during the applicable Submission Period. Each Nominator whose Nomination Submission is selected as a Potential Finalist (pending necessary response and approvals, defined below) will be notified by telephone and/or email on or about the day of or after the judging and will be required to help Sponsor contact the Nominee featured in the Finalist Nomination Submission (hereinafter, a “Finalist”). In the event Sponsor is not able to receive approval from a Finalist to accept the Finalist Prize, and be included in the Public Voting (defined below) for the Public Voting and Sweepstakes Period, then an alternate Finalist will be selected from the applicable Judging Period using the preceding Judging Criteria, time permitting.
Any non-winning Nomination Submission from any Submission Period will NOT roll over to subsequent Submission Periods.
THE POTENTIAL FINALISTS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
Public Voting and Sweepstakes Portion of the Promotion/How Contest Winners are selected: Then, during the Public Voting and Sweepstakes Period, eligible Voters can visit sparklingice.com/cheerstoheroes (“Website”) to cast a vote for their favorite Finalist, as posted on the Website (“Vote”). Upon casting a Vote, the Voter will be asked to complete and submit an online official entry form to receive one (1) entry into the Sweepstakes random drawing. Limit one (1) Vote/entry per Voter per day, for a total of thirty-one (31) possible Sweepstakes entries during the entire Public Voting and Sweepstakes Period. The top Finalist who receives the most votes during the Public Voting and Sweepstakes Period will be deemed the Contest winner. In the event of a tie, the Contest winner will be deemed the person who had the highest score using the initial Judging Criteria during the Judging Period, from among all tying Finalists.
Sweepstakes Random Drawing: Then, on or about August 3, 2020, Administrator will conduct a random drawing from among all eligible Sweepstakes entries received during the Public Voting and Sweepstakes Period, to select one hundred (100) Sweepstakes Prize winners. Odds of winning a Sweepstakes prize depend on the number of eligible entries received during the Public Voting and Sweepstakes Period. Administrator will contact each potential Sweepstakes winner by email or telephone on or about the day of the random drawing. The potential winners will have 48 hours to respond to any prize notification, and in the event any potential winner has not responded to the winner notification within 48 hours, that potential winner forfeits his/her right to the prize and an alternate potential winner may be selected at Sponsor’s sole discretion. Neither Sponsor nor Administrator are responsible for any winner notification message that is unanswered, undeliverable, or lost.
Prizes and Approximate Retail Values (“ARV”) – One (1) Contest Winner Prize –$10,000 to the Nominee featured in the winning Nomination Submission and $500.00 to be awarded to the Nominator featured in the winning Nomination Submission. All payments to be awarded in the form of a check: ARV: $10,500.00. Three (3) Finalist Prizes – A one-night trip for the Finalist to Seattle, WA for a Sponsor video shoot on a date yet to be determined by Sponsor and depending upon the Submission Period that Finalist has participated in (Finalist will have up to three weeks’ notice in advance of travel). Trip includes: roundtrip coach airfare for Finalist, one (1) night’s hotel accommodations (single occupancy, standard room) at a Sponsor-specified hotel in Seattle, WA, transportation to/from hotel to the video shoot location, to be specified by Sponsor, $300 in spending money, and participation in a Sponsor-specified video shoot. ARV: $2,950.00 each. In the event a Finalist resides within a 300 mile radius of Seattle, WA, ground transportation will be provided in lieu of airfare at Sponsor’s sole option. All other expenses associated with the Finalist Prize are the sole responsibility of the Finalist (such as meals, beverages, hotel surcharges, transportation not specified herein, souvenirs, etc.). Finalist must be able to travel on dates determined by Sponsor, which will occur within three weeks of the end of the Submission Period, or will forfeit his/her right to the Finalist Prize and also forfeit his/her right to be included in the Public Voting for a chance to win the Contest Prize. However, in the event Sponsor determines to change the video shoot location, for any reason, Finalist will receive a modified Prize; Finalist may be required to attend a Sponsor-specified video shoot in an alternate location, to be determined by Sponsor. One hundred (100) Sweepstakes Prizes; $50.00 Visa Virtual Prepaid card. ARV: $50.00. Prizes consist of only those items specifically listed as part of the prize. No cash or other substitution allowed by winner. All local, state, and federal taxes on the Prize are winner’s sole responsibility. The winners are responsible for applicable taxes and fees. Sweepstake prize winners will receive the Virtual Visa Prepaid card by email from email@example.com. Pay close attention to the expiration date of the card. You will not have access to the funds after expiration. The Virtual Visa Prepaid card may be used everywhere Visa debit is accepted online in the U.S. The prizes are non-assignable and non-transferable. Sponsor reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, for any reason. The winner must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules.
Verification of Potential Winners and Finalists: In order to be confirmed as a winner, and without limitation of any other terms herein, each potential winner or finalist may be required upon Sponsor’s reasonable request to provide satisfactory proof, as determined by Sponsor in its sole discretion, that such potential winner or finalist is an eligible Nominee, Nominator, or Voter, including but not limited to providing a copy of a potential winner’s or finalist’s government-issued identification and/or additional information required by Sponsor in order to verify eligibility and compliance with these Official Rules and be declared an official winner or finalist. Winners and finalists will be required to sign and return to Administrator, within five (5) days of the date notice is sent, an affidavit of eligibility, a liability/publicity release (except where prohibited), and written permission for Sponsor to conduct a background check (as discussed in more detail in the paragraph below), in order to participate in the Voting, and to claim his/her prize (in the event he/she are deemed a winner), or such other documents as Sponsor deems necessary, in its sole discretion (collectively, “Prize Claim Documents”). If a Winner or Finalist cannot be contacted, fails to sign and return the Prize Claim Documents (if required) within the required time period, such potential Winner or Finalist may be disqualified and may forfeit his/her participation in the Voting and/or prize. In the event that a potential Winner is disqualified for any reason, Sponsor may award the prize to an alternate winner by random drawing from among all remaining eligible Entries, time permitting. A 1099 form will be submitted to the proper tax authorities.
Each Finalist, once notified of being a potential Finalist, hereby authorizes Sponsor and its designated agents and representatives to conduct a comprehensive review of potential Finalist’s background (the “Background Check”). Finalist understands that he/she will be asked to provide a social security number or similar identification number, addresses or residences from the last seven (7) years, date of birth, prior names (e.g. maiden name) and any other information necessary for Sponsor to conduct a Background Check. The scope of the Background Check may include, without limitation, civil and criminal history records from any criminal justice agency in any or all federal and state records, sex offender registry check, and terrorist watch list check. By entering, Entrant agrees to provide all personal information needed and sign a release or authorization form as part of the documentation in order to permit Sponsor to conduct the Background Check. Sponsor and its designated agents and representatives shall maintain all information received from this release and authorization form in a confidential manner in order to protect Entrant’s personal information.
In addition, Sponsor reserves the right, in its sole discretion, to disqualify a potential Finalist for any of the following reasons: (a) non-compliance with these Official Rules; (b) in the event that the Finalist notification is returned as undeliverable; (c) Finalists inability to accept the Finalist Prize as stated in these Official Rules; (d) Background Check or other information indicating a history, characteristic or quality considered by Sponsor to be unacceptable in a Finalist in this Promotion; and (e) information showing that the Nomination Submission was defective or failed to comply with these Official Rules.
Entry Conditions and Release: By entering, each Nominator, Voter, and Finalist agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an Nominator’s and Voter’s participation in the Promotion and/or Nominator’s, Finalist, or Voter’s acceptance, use or misuse of prize.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select the Winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Nominator’s sole and exclusive remedy under such circumstances. 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 Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these 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 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by Nominators, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (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 Promotion: (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Nominator’s participation in the Promotion or receipt or use or misuse of any Prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Nominator’s sole remedy is another Entry in the Promotion, provided that if it is not possible to award another Entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its 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. Nominator further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion.
Disputes/Governing Law: Nominator, Finalists and Voters agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, other than those concerning the administration of the Promotion, or the determination of Winners or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Washington under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Washington state or federal court judge with experience in entertainment matters who shall follow Washington law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Washington, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Washington. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Washington; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will Nominator be permitted to obtain awards for, and Nominator 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 LIMITATIONS 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 Nominator and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
Promotion Winners: For the Promotion winners’ names (available after July 1, 2020), send a hand-printed, self-addressed, stamped envelope by July 1, 2020 to: Winners List, Sparkling Ice Cheers to Heroes 2020 National Contest and Sweepstakes Winners, c/o Arrowhead Promotion & Fulfillment Co., Inc., Attn: Cheers to Heroes Winners, 1105 SE 8th Street, Grand Rapids, MN 55744. Residents of Vermont residents omit postage.
Official Rules: For a copy of these Official Rules, visit sparklingice.com/cheerstoheroes.
Sponsor: Talking Rain Beverage Company, Inc., Preston, WA.
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