Celebrate Milo’s Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
PROMOTION MAY ONLY BE ENTERED IN OR FROM WITHIN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND ENTRIES ORIGINATING FROM ANY OTHER JURISDICTION ARE NOT ELIGIBLE FOR ENTRY. THIS PROMOTION IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES. YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE PROMOTION IF YOU ARE NOT LOCATED WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.
The Celebrate Milo’s Giveaway (“Promotion”) is sponsored by Milo’s Tea Company, Inc. (“Sponsor” or “Milo’s”).
1. PROMOTION PERIOD: Promotion begins at 12:00:00 a.m. Central Time (“CT”) on Friday, June 10, 2016 and ends at 11:59:59 a.m. CT on Monday, June, 13 2016 (the “Promotion Period”). Sponsor’s time clock is the official clock for this Promotion.
At various times throughout the Promotion Period, Milo’s will publish to each to the following social media channels:
a On the Milo’s (https://twitter.com/DrinkMilos and @DrinkMilos) Twitter page (the “Sponsor’s Twitter Page”).
b On the Milo’s (https://www.facebook.com/MilosTea/) Facebook page (the “Sponsor’s Facebook Page”).
c On the Milo’s (https://www.instagram.com/drinkmilos/) Instagram page (the “Sponsor’s Instagram Page”).
To enter the Promotion, Entrant must:
i Via Twitter: Log onto your Twitter account and RT & like the post.
ii Via Facebook: Go to the Sponsor’s Facebook Page, located at http://facebook.com/MilosTea/, and like, share and post a comment to the original Milo’s post and click the “post” button.
iii Via Instagram: Log onto Instagram and like and comment on the original post by Milo’s about the contest.
Limit one (1) entry per person. Each entry, tweet, post and/or comment submitted in this Promotion will be referred to herein as a “Submission.” Duplicate Submissions or Submissions in excess of the stated entry limitation above by the same person will be subject to disqualification. All terms and conditions of Twitter.com, Facebook.com, and Instagram.com apply, as applicable. Multiple Entrants are not permitted to share the same Twitter, Facebook or Instagram account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Twitter, Facebook, or Instagram accounts, identities, registrations and logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Facebook, Instagram, or Twitter account, the authorized account holder of the email address used to register on the platform will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
If an Entrant chooses to enter the Promotion using his/her mobile device, messaging and/or data fees may apply. An Entrant should consult his/her wireless service provider’s pricing plan for details. Each Entrant agrees to incur any and all charges demanded by his/her wireless carrier. Each Entrant should also check his/her device’s features for capabilities and check the device manual for specific use instructions.
Sponsor’s decisions are final and binding in all matters relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Promotion.
4. SELECTION OF WINNERS: On or about June 10, 2016 six (6) potential “Small Prize” winners will be randomly selected on Twitter, Facebook and Instagram from an eligible entry received during the Promotion Period. Each winner is considered a potential winner pending verification of eligibility and compliance with these Official Rules. On or about June 13, 2016 three (3) “Grand Prize” winners will be randomly selected on Twitter, Facebook and Instagram from an eligible entry received during the Promotion Period. Each winner is considered a potential winner pending verification of eligibility and compliance with these Official Rules.
5. PRIZES APPROXIMATE RETAIL VALUES (“ARV”) AND ODDS OF WINNING:
A Prizes (7): Each “Grand Prize” is a $150 retail gift card good for the purchase of 1 gallon of a Milo’s product per week for 52 weeks (SRP $2.87, excludes taxes and fees). The ARV of each Prize is $150.00. Each “Small Prize winner will receive a Milo’s cup. The ARV for these prizes are $20.
B The ARV for each grand prize in this Promotion is $450.00. The ARV for each small prize is $20.
C Odds of Winning. The odds of winning a prize depends on the total number of eligible entries received during the Promotion Period.
6. PRIZE NOTIFICATION: On or about June 10 each potential “small prize” winner will be notified by the Sponsor. On or about June 13 each “grand prize” winner will be notified by the Sponsor.
Twitter Submission, the Entrant will be notified by Sponsor via a tweet, retweet and/or reply from Sponsor’s Twitter Page. The potential winner must then send a direct message to Sponsor’s Twitter Page within 48 hours in order to claim his/her prize.
Facebook Submission, the Entrant will be notified by Sponsor via a comment on the potential winner’s comment on Sponsor’s Facebook Page. The potential winner must then send a direct message to the Sponsor on Facebook within 48 hours in order to claim his/her prize.
Instagram Submission, the Entrant will be notified by Sponsor via a comment on the potential winner’s Instagram post. The potential winner must send a direct message on Instagram within 48 hours in order to claim his/her prize.
Prize Winner: Before being declared a prize winner, the potential prize winner may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within 72 hours of receipt. If any potential winner is considered a minor in his/her jurisdiction of residence, Affidavit or Declaration of Eligibility and/or Liability/Publicity must be signed by his/her parent or legal guardian. If a potential winner cannot be contacted, or fails to complete and respond to the reply message or direct message within the required time period, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Promotion rules and requirements, such prize will be forfeited and may be awarded to a runner-up (time-permitting). Upon prize forfeiture, no compensation will be given. If the Sponsor is required to select an alternative potential prize winner, Sponsor will select this alternative potential prize winner at random from the pool of remaining eligible Entrants. A potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. If a prize is forfeited as set forth above, Sponsor will not be obligated to make more than three (3) attempts to notify the potential winner to award the prize. Unclaimed prizes will not be awarded.
7. GENERAL CONDITIONS: In no event will more prizes than are stated in these Official Rules 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, at its sole discretion, to award the intended number of prizes set forth in Section 6 through a random drawing from among all eligible prize claims received. Limit of one (1) prize per person and per household. Federal, state and local taxes are solely the responsibility of each winner. No substitutions, cash equivalents or transfers of a prize permitted by each winner. All other costs and expenses not expressly set forth herein shall be solely each prize winner’s responsibility. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right, at its sole discretion, to substitute prize of equal or greater value in case of unavailability of prize or force majeure. If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Promotion. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. This Promotion is offered only in the United States and is governed by the laws of the state of Alabama.
8.LIMITATION OF LIABILITY: By participating in this Promotion, Entrants (and any minor Entrant’s parent or legal guardian) agree that the Promotion Parties, Facebook, Inc., Instagram, LLC, Twitter, Inc., and their respective parent, 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 (collectively, “Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications, direct messages, 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 accessibility, availability or traffic congestion; or any technical, mechanical, programming, 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. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any web users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion 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 any Promotion-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting a prize. 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, at Sponsor’s sole discretion, be disqualified.
By entering the Promotion, each Entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules and (ii) to release, defend, indemnify 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 outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Promotion; (b) the violation of or any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Promotion materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Promotion; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (j) interruption of or inability to access the Promotion, any Promotion-related website(s) or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to Entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); (p) the negligence or willful misconduct by Entrant or (q) any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEB SITES ASSOCIATED WITH THE PROMOTION. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZE COMPONENTS, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTES; GOVERNING LAW. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis without resort to class action, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Alabama.
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, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ALABAMA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the federal courts in the Alabama or in the state courts in Jefferson County, Alabama. The parties agree not to raise the defense of forum non conveniens.
Twitter, Inc., Facebook, Inc., or Instagram, LLC., are not sponsors of this Promotion and have not authorized or otherwise sanctioned or agreed to this Promotion and/or the use of Twitter, Facebook, or Instagram, name and/or service for the purposes set forth herein. Any questions, comments or complaints regarding the Promotion should be directed to Sponsor, not Twitter, Inc., Facebook, Inc., or Instagram, LLC. You are providing your information to Sponsor and not to Twitter, Facebook, or Instagram.