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FAYGO TOGETHER WE POP SWEEPSTAKES OFFICIAL RULES

 

COMPLETE OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.

 

SWEEPSTAKES DESCRIPTION: TOGETHER WE POP Sweepstakes (“Sweepstakes”) is offered only in the Forty-eight (48) Contiguous United States (excluding California) and District of Columbia (“U.S.”) and begins at 12:01 AM Eastern Time (“ET”) on June 22, 2020 and ends at 11:59 PM ET on September 22, 2020 (“Sweepstakes Period”).

 

ELIGIBILITY: The Sweepstakes is open only to legal residents of the Forty-eight (48) Contiguous United States (excluding California and District of Columbia) (U.S.) who are at least 18 years of age as of date of entry, with a valid driver’s license (“Entrant”). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of FAYGO BEVERAGES (“Sponsor”), TMV Group, LLC (“Administrator”), and their respective parent companies, subsidiaries and affiliates, distributors, and companies involved in the implementation and execution of the Sweepstakes (collectively the “Sweepstakes Entities”) are not eligible. Void in California, Puerto Rico and where prohibited.

 

AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.

 

HOW TO ENTER VIA WEBSITE: During the Sweepstakes Period, consumers can enter at the website found at: FaygoTogetherWePop.com (the “Website”), complete the online entry form with the required contact information (“Online Entry”) and submit the completed Entry as directed. ALL ONLINE ENTRIES MUST BE SUBMITTED BY 11:59 PM ET on September 22, 2020.

 

Limit: One entry per person or email address: In the event more than one (1) Entry for the Sweepstakes Period is received from any one person or email address, the first Entry processed will be considered the only valid Entry received. In the event of a dispute, Entries will be deemed made by the authorized account holder of the email address submitted at the time of Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account holder. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different identities, registrations or any other methods will void that Entrant’s Entries and that Entrant may be disqualified. Sponsor and Administrator are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. Sponsor will not accept submissions from wireless domains, blacklist domains, or any email address Sponsor deems to be potentially harmful to the Website. Use of any automated system to participate is prohibited and will result in disqualification.

 

WINNER SELECTION AND VERIFICATION: Two (2) potential Grand Prize Winners will be selected in a random drawing conducted by Sponsor on or about Potential winners will be contacted by Administrator by text and/or email and will be required to complete an Affidavit of Eligibility and Liability and, unless prohibited by law, a Publicity Release form (“Affidavit/Release”) and return by email or facsimile within three (3) days from the date of receipt. If the potential winner cannot be contacted, fails to execute and return the Affidavit/Release within three (3) days, or if he/she is otherwise ineligible to receive the prize, that potential winner will be deemed ineligible. An alternate Prize Winner will be selected in Sponsor will attempt to contact and obtain the required Affidavit/Release from the alternate Winner. The odds of winning depend on the number of eligible Entries received.

 

Selection of the Winners and Notification:  Two (2) Grand Prize Winners will be selected at random by Sponsor from among all eligible Entries received. The Winners will be notified via text or email by a representative from the Sponsor within 7 days after being selected a Winner.  In the event that a Winner cannot be contacted within 7 days after Sponsor’s first attempts to contact the Winner, as determined by Sponsor in its sole discretion, an alternate Winner may be selected.  Sponsor may disqualify anyone who fails to respond to the notification within 5 business days.  The Winners will be required to sign and return an affidavit of eligibility, release of liability, and, where lawful, publicity consent agreement (“Affidavit of Eligibility/Liability/Publicity Release”), within three (3) days from the date of acknowledged notification. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (a) potential Winner’s failure to timely respond to notification; (b) the return of the notification as undeliverable; (c) potential Winner’s failure to timely execute and return an Affidavit of Eligibility/Liability/Publicity Release, if required; (d) potential Winner’s failure to validly and timely claim the Prize; or (e) any other non-compliance with the Official Rules.  In the event of Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate Winner.  The Sponsor shall not be responsible or liable for any failure by a potential Winner to accept the Prize for any reason.

 

TWO (2) GRAND PRIZES / APPROX. RETAIL VALUE ($1,450 each):

 

PRIZE RESTRICTIONS:  All costs associated with acceptance or use of the Prize are the sole responsibility of the Winner. The Winner is responsible for all applicable federal, state and local taxes incurred by winning the Prize. A Winner may waive his/her right to receive a Prize.  A Prize is non-transferable, non-exchangeable, non-refundable, has no cash value and must be accepted by the Winner as awarded.  A Prize may not be upgraded and no substitutions by the Winner will be allowed, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize for one of equal or greater value if the designated Prize should be unavailable for any reason, except as specifically set forth in the Official Rules. 

 

PUBLICITY: By accepting the Grand Prize, where permitted by law, the winner grants to Sponsor, and those acting pursuant to the authority of Sponsor, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including, but not limited to, the World Wide Web at any time(s), that winner’s name, portrait, picture, voice, likeness (as is or as may be edited, altered, or cropped), information, and biographical information (collectively, “Name and Likeness”) as news or information and for advertising, trade and promotional purposes without additional compensation or review. Except as required by law or permitted pursuant to these Complete Official Rules, the Sponsor will not share an entrant’s personal information with any third parties other than the Sponsor Parties.

 

IMPROPER CONDUCT: Sponsor, in its sole discretion, may disqualify any entrant from participation in this Sweepstakes if entrant engages in any conduct Sponsor deems to be improper, unfair, acting in an unsportsmanlike or disruptive manner, or acting with intent to annoy, abuse, threaten or harass any other person or otherwise adverse to the operation of the Sweepstakes.

 

GENERAL CONDITIONS / RELEASE: By participating, Entrants agree to (a) release Sweepstakes Entities, their respective directors, officers, agents and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize; (b) except where prohibited by law, consent to the use by Sponsor and its designees of Winner’s name, hometown, likeness, statements and other personally identifiable information for promotion, advertising and marketing purposes in any media throughout the world without additional consideration and consent or prior review, and upon request will provide written consent to such use; and (c) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, but not limited to the prize quality or availability. Neither Sweepstakes Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service, website, or any other error or malfunction, or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR MOBILE SITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Sweepstakes is not capable of being executed as planned or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Administrator and/or Sponsor reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted at FaygoTogetherWePop.com and determination of the Prize Winner will be made, from among all eligible, non-suspect Entries received as of the date of the termination, cancellation or suspension, as Administrator and/or Sponsor determines in its sole discretion. Entries not complying with all rules are subject to disqualification.

 

GOVERNING LAW/JURISDICTIONS/DISPUTE RESOLUTION: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or the award of the prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (b) 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 (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than 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, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Michigan.

 

USE OF DATA; PRIVACY POLICY: By entering this Sweepstakes, each entrant expressly consents to the storing, sharing, and use of the personal information submitted with his/her entry by Sponsor and its agents and/or representatives, and may be used for advertising, trade, and marketing purposes both by Sponsor and authorized third parties. All entry information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with Sponsor’s privacy policy, available at https://www.faygo.com/privacy-policy/.  By entering the Sweepstakes, you expressly agree to the terms of the Privacy Statement.

 

OFFICIAL RULES: These Complete Official Rules will be posted on online at the time of entry. To receive a printed copy of the rules, send a self-addressed, sufficiently stamped envelope to: FAYGO BEVERAGES, INC., Attn: FAYGO TOGETHER WE POP Sweepstakes Official Rules, 3579 Gratiot Ave., Detroit, MI 48207 by August 22, 2020. Limit one request per household.

 

Winner List: For the names of the Winner, send a self-addressed, stamped envelope to: FAYGO BEVERAGES, INC., Attn: FAYGO TOGETHER WE POP Sweepstakes Contest Winners, 3579 Gratiot Ave., Detroit, MI 48207 by December 22, 2020. Limit one request per household.

 

Sweepstakes Administrator: This Sweepstakes is administered by TMV Group, LLC, 310 N. Main Street, Milford, MI 48381

 

SPONSOR: FAYGO BEVERAGES, INC., 3579 Gratiot Ave, Detroit, MI 48207.