OLIPOP White Elephant Emergency Kit Sweepstakes

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. 1. Sponsor: Olipop, Inc., 360 Grand Ave #259, Oakland, California 94610
   
   
   
2. 2. Eligibility: The OLIPOP White Elephant Emergency Kit 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, Sponsor’s 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.
   
   
   
3. 3. Timing: The Sweepstakes will take place over a ten (10) day period in December (the “Sweepstakes Period”). The first Sweepstakes Period will begin on December 4, 2024 at approximately 12:00PM Pacific Standard Time (“PST”) and will end on December 13, 2024 at 11:59 PM PST while supplies last. Each day during the Sweepstakes Period constitutes a separate daily sweepstakes with separate pools of entrants (the “Daily Sweepstakes”).  Sponsor’s computer is the official clock for the Sweepstakes.
   
   
   
4. 4. How to Enter: To enter the Sweepstakes, entrant (“Entrant”) must visit drinkolipop.com/holidayemergency (“Sweepstakes Entry Page”).  Each day, the first fifty (50) Entrants visit the Sweepstakes Entry Page and will click on the “Click to Enter” button. If you are one of the first 50 entrants, you will see your prize displayed in the shopping cart. Limit one (1) daily prize per Entrant.
   
   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.
   
   
   

5. 5. Prizes: During each Daily Sweepstakes, fifty (50) winners will each receive one (1) White Elephant Emergency Kit, which contains:
   
   
   · One (1) OLI & POP's Holiday Pack, an Approximate Retail Value (“ARV”) of seventy-one dollars and ninety-eight cents ($71.98)
   · One (1) Can Sweater Coozie (Cooler) with an ARV of one dollar and eighty-eight cents ($1.88).
   · One (1) Yeti Drink Marker with an ARV of four dollars and nine cents ($4.09)
   
   
   The total ARV for each White Elephant Emergency Kit Value Total is seventy-seven dollars and ninety-five cents ($77.95). The total ARV for each Daily Sweepstakes is three thousand eight hundred ninety-seven dollars and fifty cents ($3,897.50). The total ARV for the entire Sweepstakes Period is thirty-eight thousand nine hundred seventy-five dollars ($38,975).
   
   
   Odds of winning a prize during each daily entry period will depend on the number of Entrants visiting the Sweepstakes Entry Page that day.
   
   
   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. 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.
   
   
   

6. 6. Prize Drawings: Sponsor’s selection of Winners is final and binding in all matters related to the Sweepstakes. Potential Winners will be the first fifty (50) people to visit the Sweepstakes Entry Page and click on the “Click to Enter” button each day during the Sweepstakes Period. Potential Winners will be taken to the online shopping cart and will see the White Elephant Emergency Kit prize in the shopping cart. To claim the prize, the potential Winner must enter a valid e-mail address, their shipping address and click “Complete Order” to complete the checkout process.
   
   
   Sponsor shall have no liability for a Winner’s failure to receive notices due to Winner’s 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) 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 postmark. 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.
   
   

7. 7. Release: By receipt of any prize, Winner agrees to release and hold harmless Sponsor, the Promotional Partners, Prize Partner, 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.
   
   
   
8. 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.
   
   
   
9. 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.
   
   
   
   
10. 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.
    
    
    
    
11. 11. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy: https://drinkolipop.com/policies/privacy-policy.
    
    
    
12. 12. Winner List: For the Winner List, please send an e-mail to hello@drinkolipop.com with "White Elephant Emergency Kit Sweepstakes” 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 June 30, 2025.
    
    
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