OLIPOP Ridge Rush Giveaway Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
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1. Sponsor: Olipop, Inc., 360 Grand Ave #259, Oakland, California 94610
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2. Eligibility: The OLIPOP Ridge Rush Giveaway Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry (the “Entrant”). Employees of Sponsor, any promotional agencies involved in this Sweepstakes, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
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3. Timing: The Sweepstakes will begin on September 12, 2024 at approximately 11:00 AM Eastern Time (“ET”) and will end on September 17, 2024 at 11:00 AM ET (the “Entry Period”). Sponsor’s computer is the official clock for the Sweepstakes.
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4. How to Enter: To enter the Sweepstakes, entrant (“Entrant”) must be a registered member of Instagram.
STEP 1: Log into your Instagram account via a web-enabled mobile device (if you are not already a member of Instagram, download and install the free Instagram mobile application on your web-enabled mobile device and register for a free Instagram account). Your Account must be a Public Account.
STEP 2: Sponsor will post the OLIPOP Ridge Rush Giveaway Sweepstakes Entry Post to Sponsor’s Instagram page, @drinkolipop, (“the Entry Post”) on or about September 12, 2024 at 11:00 AM ET. During the Entry Period, Entrant must (1) “like” the Entry Post, (2) follow @drinkolipop and (3) post a comment on the Entry Post.
By participating in this Sweepstakes, each Entrant hereby warrants and represents that his/her Entry and any materials associated with his/her Entry ("Entry Materials"):
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- Are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Sweepstakes;
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- Do not violate any law, statute, ordinance or regulation;
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- Do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;
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- Will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
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- Are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained; conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion
Sponsor is not responsible for late, unsent, inaccurate, or incomplete Entries, regardless of cause, including without limitation, due to human or technical error, whether caused by the entrant or by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any technical or human error that may occur in the transmittal of any Entry or the processing of any function on the entrant’s computer system. Entrants must notify Sponsor of any changed contact information within the Entry Period to remain eligible to win based on an Entry. Any eligibility disputes will be determined by Sponsor in its sole discretion.
Sponsor reserves the right, in its sole discretion, to disqualify any individual or entity found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules or applicable laws; or to be acting with intent to annoy, abuse, threaten or harass any third party. Any use of robotic, automatic, programmed or similar entry methods is prohibited and any such Entries will be disqualified and void.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Instagram is hereby completely released of all liability by each participant in this Sweepstakes. Any questions, comments or complaints regarding this Sweepstakes must be directed to Sponsor and not to Instagram.
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5. Prizes: One (1) Winner will receive a prize package consisting of One (1) custom bedazzled OLIPOP tanker cup with an approximate retail value (“ARV”) of one hundred dollars ($100) and ten (1) cases with twelve (12) each of the OLIPOP Ride Rush soda with an ARV of thirty-five dollars and ninety-nine cents ($35.99) for each case. The total ARV for each prize package is ninety-five dollars and ninety-nine cents four hundred and fifty-nine dollars and ninety-nine cents ($459.99). Winner is responsible for all taxes and fees associated with prize receipt and/or use.
Odds of winning a prize depend on the number of eligible entries received during the applicable Sweepstakes Entry Period.
Prizes cannot be transferred, redeemed for cash or substituted by the winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Prizes are “as is.” Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
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6. Prize Drawings: Sponsor’s selection of the Winner is final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Winner from all eligible entries received during the Sweepstakes Period on or about September 17th at approximately 11:30 est]. The Winner will be notified by a Direct Message (“DM”) from @drinkolipop on the Entry Post on Instagram. @drinkolipop will request that the Winner send a direct message to @drinkolipop on Instagram with their e-mail address within three (3) days of Winner notification. It is Winner’s responsibility to ensure that their Instagram Account is able to receive DMs from Instagram from others on Instagram.
Sponsor shall have no liability for a Winner’s failure to receive notices due to Winner’s Instagram settings, spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If the selected Winner cannot be contacted, is ineligible, fails to claim the prize within three (3) business days after the notification, the prize may be deemed to be “Unclaimed”. Unclaimed prize may be awarded to an alternate winner at the sole discretion of Sponsor. Winner may waive their right to receive prize. Prize is not assignable and not transferable. No refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent).
Winner is solely responsible for reporting and payment of any taxes on prizes. Winner may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law) which must be returned within ten (10) days of date of receipt. Failure to sign and return the affidavit or release within ten (10) days of receipt, or to comply with any term or condition of these Official Rules, may result in a winner's disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to an alternate winner according to the criteria set forth in these Rules.
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7. Release: By receipt of any prize, Winner agrees to release and hold harmless Sponsor, promotional partners, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
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8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole 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. 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 Sweepstakes or to be acting in violation of the Official Rules of this or any other Sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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9. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
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10. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or the Superior Court of Los Angeles County, California; (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, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
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11. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy: https://drinkolipop.com/policies/privacy-policy.
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12. Winner List: For the Winner List, please send an e-mail to hello@drinkolipop.com with "OLIPOP Father’s Day Sweepstakes List” in the subject along with the date of the relevant Sweepstakes Entry Period. Requests for the names of winners must be received no later than March 24, 2025.
© 2024 Olipop, Inc. All rights reserved.
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