Talking Rain Beverage – Sparkling Ice Stars And Stripes Sweepstakes

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THE SPARKLING ICE STARS AND STRIPES SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM THE PRIZE. A PURCHASE OR
PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
The Sparkling Ice Stars and Stripes Sweepstakes(“Sweepstakes”) is sponsored by Talking Rain
Beverage Company, Inc. (“Sponsor”), 30520 SE 84th St, Preston, WA 98050 and is administered by Prize
Logic, LLC, (“Administrator”), Two Towne Square, Suite 200, Southfield, MI 48075.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins on June 1, 2022 at 12:00 PM Eastern Time
(“ET”) and ends on July 3, 2022 at 11:59:59 AM ET (“Sweepstakes Period”). The Administrator’s
computer is the Sweepstakes official clock.
2. ELIGIBILITY: This Sweepstakes is open only to legal residents of one of the fifty (50) United States
(including the District of Columbia) who are at least eighteen (18) years old (nineteen [19] in Alabama
and Nebraska and twenty-one [21] in Mississippi) at the time of entry. Employees of Sponsor,
Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and
promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family
members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each,
regardless of where they reside) and persons living in the same household of each, whether or not
related, are not eligible to enter or win. All federal, state, and local laws apply. Void where prohibited
or restricted by law.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and
Sponsor’s decisions and interpretations, which are final and binding in all matters related to the
Sweepstakes. For purposes of the Sweepstakes, an entrant’s residential address and e-mail address
will be the physical address and e-mail address submitted at the time of entry. Entrants will not be
allowed to change their physical address or e-mail address.
3. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, an eligible entrant may
visit SparklingIceRewards.com (“Website”) and either log-in to or register for the Talking Rain
Sparkling Ice Loyalty Program (“Loyalty Program”) (registering for the Loyalty Program is free). To
register for the Loyalty Program, complete and submit the registration form including, but not limited
to: his/her first and complete last name (no initials), valid e-mail address, phone number, street
address (no P.O. Boxes will be allowed), city, state, and zip code. Upon the successful submission
of the registration information or logging-in an entrant must follow the links and instructions to click
the option to enter the Sweepstakes. Upon selecting the option to enter the Sweepstakes, entrant will
receive one (1) entry into the Sweepstakes.
Entry Limit: There is a limit of one (1) entry per person per day. If more than one (1) entry per day
is received from the same person, telephone number and/or e-mail address the entries may, at the
Sponsor’s sole discretion, be disqualified. Entrants are prohibited from using more than one (1) e-
mail address or multiple identities. If it is found or suspected that an entrant is using more than one
e-mail address or multiple identities to participate in the Sweepstakes, then that entrant, in Sponsor’s
sole discretion, may not be eligible to win a prize. A “day” is defined as starting at 12:00 AM ET and
ending at 11:59:59 PM ET on a calendar day during the Sweepstakes Period, except on June 1, 2022
when a day is defined as starting at 12:00 PM ET and ending at 11:59:59 PM ET.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS
SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS
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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 THE PRIZE IN THIS SWEEPSTAKES.
4. RANDOM DRAWING: On or around July 6, 2022, 2021, the Administrator will randomly select one
(1) potential winner from all eligible entries received for during the Sweepstakes Period. The winner
is considered a potential winner pending verification of his/her eligibility and compliance with these
Official Rules.
5. PRIZE, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Prize (1): The prize is $10,000 (“Prize”). No more than one (1) Prize will be available in the
Sweepstakes. The ARV of the Prize is $10,000.
B. Odds of Winning: The odds of winning the Prize depend on the number of eligible Sweepstakes
entries received during the Sweepstakes Period.
C. General Conditions: There is a limit of one (1) Prize per person. In no event will more than one
(1) Prize be awarded. If, for any reason, more Prize notifications are sent (or more claims are
received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves
the right to award the intended number of Prizes through a random drawing from among all eligible
Prize claims received.
6. HOW TO CLAIM THE PRIZE: The potential winner is subject to verification of eligibility and
compliance with these Official Rules. After the random drawing, Administrator will notify the potential
winner via e-mail at the e-mail address provided at the time of registration. The potential winner will
be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where
prohibited) and any other requested documents within five (5) calendar days from the date of
attempted notification or the Prize may be forfeited in its entirety and awarded to an alternate winner,
at the Sponsor’s sole and absolute discretion. Failure to provide all required information and a
signature on the documents within the stated time period may result in forfeiture of the winner’s right
to claim his/her Prize, and may result in the Prize being awarded to an alternate winner, if time
permits. If the potential winner is disqualified, found to be ineligible or not in compliance with these
Official Rules, declines to accept the Prize, the Prize may be forfeited. If the Prize is forfeited, the
Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining
eligible entries, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor
is unable to award or deliver the Prize, the Prize may not be re-awarded. Upon verification of eligibility,
the Prize will be mailed to the winner at the physical addresses (P.O. Boxes are not permitted)
provided at the time of entry. Sponsor will work with winner regarding timing of Prize shipments. Any
portion of the Prize not accepted by winner will be forfeited. The winner shall be solely responsible
for payment of any and all applicable federal, state, and local taxes for the Prize won. Sponsor will
issue an IRS Form 1099-MISC for the winner. All other costs and expenses not expressly set forth
herein shall be solely the winner’s responsibility. The Prize will only be awarded to a verified winner.
Sponsor will attempt to notify the potential winner as set forth above, but Sponsor is not responsible
for any undelivered e-mails, including without limitation e-mails that are not received because of a
winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any
winner notification e-mail, to a spam or junk folder. A Prize that is unclaimed, unredeemed, or returned
as undeliverable will not be awarded. Prize is non-transferable and no Prize substitution, exchange
or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute the Prize
of equal or greater value in case of unavailability of the Prize or force majeure, at Sponsor’s sole and
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absolute discretion. Sweepstakes Entities shall not be held responsible for any delays in awarding
the Prize for any reason.
7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the
Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives,
consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and
marketing agencies, website providers and each their respective officers, directors, stockholders,
employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i)
lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or
postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or
software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled
transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any
technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture
of registration information or the failure to capture, or loss of, any such information; (vi) any error,
omission, interruption, deletion, defect, delay in operation or transmission, communications line
failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury
or damage, whether personal or property, to entrants or to any person’s computer related to or
resulting from participating in the Sweepstakes and/or accepting the prize; and (viii) entries that are
late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or
otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not
responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including
entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii)
to waive all of his/her rights to bring any claim, action or proceeding against any of the Released
Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and
hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of
action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without
limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes,
including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s
entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party
privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related
to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss,
damage, destruction, negligence or willful misconduct in connection with the use of the prize (or any
component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f)
any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties;
(g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the
negligence or willful misconduct by entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right,
at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or
proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and
reasonable, including the selection of a winner from among eligible entries received prior to such
cancellation, termination, 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,
administrative, printing, production, computer 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 winner.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES,
INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
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EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN
ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND
VENUE FOR ANY DISPUTE SHALL BE IN THE OAKLAND COUNTY, MICHIGAN. IF THE
CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT
DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING
ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES
AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS
RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE
ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN.
ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN
OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO
ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER
PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH
RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK
INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS
AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY
OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF
CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR
FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE
FOREVER BARRED.
9. PRIVACY: Sponsor’s privacy policy is available at https://www.sparklingice.com/privacy-policy/.
10. PUBLICITY RIGHTS: By participating in this Sweepstakes, each entrant agrees to allow the Sponsor
and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical
information, likeness, picture and other information and content provided in connection with the
Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media
worldwide including, but not limited to, on television and the Internet, without notice, review or
approval and without additional compensation, except where prohibited by law.
11. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein
is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in
their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting
in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to
disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this
Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has
registered or attempted to register more than once using multiple phone numbers, e-mail addresses,
residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of
that person’s entries will be declared null and void and that person will not be awarded any prize that
he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third
party or like methods to participate in the Sweepstakes will void any attempted participation effected
by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential
winner may be required to provide proof of identification and eligibility as required by Sponsor or
Administrator In the event of a dispute as to the identity of a winner, the winning entry will be declared
made by the authorized account holder of the e-mail address submitted on the registration form
associated with such entry. “Authorized account holder” is defined as the natural person who is
assigned to an e-mail address by an Internet access provider, online service provider or other
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organization (e.g., business, educational institution) that is responsible for assigning email addresses
for the domain associated with the submitted email address. Each entrant may be required to show
proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY
DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE
SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN
ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER
REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE
FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word,
phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any
reason, then that provision or portion thereof shall be modified or deleted in such manner as to render
the remaining provisions of these Official Rules valid and enforceable. The invalidity or
unenforceability of any provision of these Official Rules or the prize documents will not affect the
validity or enforceability of any other provision. No entrant shall have the right to modify or amend
these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute
a waiver of that provision and such provision shall remain in full force and effect. All entries and/or
materials submitted become the property of Sponsor and will not be returned. In the event of any
conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details
contained in any promotional materials (including but not limited to point of sale, television and print
advertising, promotional packaging and other promotional media), the details of the Sweepstakes as
set forth in these Official Rules shall prevail.
12. WINNER LIST: For a name of the winner, interested individuals should mail a self-addressed
stamped business envelope to: Winner List, – The Sparkling Ice Stars and Stripes Sweepstakes, P.O.
Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than
September 3, 2022.
Customer Service inquiries may be made at Contact Us.
© 2022 Talking Rain Beverage Company, Inc. Sparkling Ice® is a registered trademark of Talking Rain.
All rights reserved.