The sweepstakes (the "Sweepstakes") entry period opens 12:01 AM PST on July 10, 2017 and will close at 11:59 PM PST on September 10, 2017 (the "Sweepstakes Entry Period"). The computer clock on Sponsor's webmaster is the official timekeeping device of the Sweepstakes.
The Elevate Your Summer Sweepstakes ("Sweepstakes") is sponsored by RGM Group Enterprises, LLC, ("Sponsor"), with an address of 555 West 5th Street, 35th Floor, Los Angeles, CA 90013 (hereinafter, the "Sponsor"). The official marketing affiliate for this Sweepstakes is Nestlè Waters North America Inc. (hereinafter, the "Marketing Affiliate").
This Sweepstakes is open to all legal residents of the United States who are twenty-one (21) years of age or older at the time of entry except current residents of Alaska, Hawaii, Rhode Island, Puerto Rico, Guam, the US Virgin Islands and any other US territory or possession. The Sweepstakes is subject to all applicable federal, state and local laws and regulations This Sweepstakes is void outside the United States and where prohibited or restricted by law.
Employees of (i) Sponsor; (ii) Marketing Affiliate, including any member of Nestlè Waters North America Inc. or (iii) any entity directly connected with the development, implementation or marketing of this Sweepstakes [(i), (ii) and (iii) collectively, "Sponsor Entities"] and the immediate family (spouse, parents, siblings and children) or household members of each such employee are not eligible to participate.
No purchase necessary to enter into the Sweepstakes or receive the prize under this Sweepstakes. Any attempt by a person to use multiple e-mail accounts or any other method intended to enable a participant to enter more times than is allowed by these Official Rules may result in the complete disqualification of such person from participation in this Sweepstakes and from eligibility to receive the prize hereunder, as determined by the Sponsor in the exercise of its sole discretion.
Winner will be selected on or around September 14, 2017 in a random drawing from all eligible entries. Odds of winning depend on the total number of entries received. Potential winners will be notified via email on or around September 14, 2017 at the email address provided on the entry form and will have two (2) days from the date they are notified to verify eligibility. The potential winners will be required to respond to the winner notification by e-mail, within two (2) days and, in such response, must provide his/her full name, residential mailing address, daytime telephone number, and date of birth to receive the prize. Potential winners will also be required to sign and return a release of liability, declaration of eligibility and, where lawful, publicity consent agreement, as conditions of receiving a prize within two (2) days of receipt. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of the prize. If any potential winner selected cannot be contacted, or does not properly respond within stated times, or the prize or prize notification is returned as undeliverable, such potential winner shall forfeit any and all rights to a prize and an alternate potential winner may be selected in the same manner. If Sweepstakes is terminated before the end date, Sponsor will determine the winner from all eligible entries received as of the termination date. Any entries found to be tampered with or altered in any way will be void.
No photocopied or mechanically reproduced entries are eligible. Neither the Sponsor Entities nor any of their respective affiliates are responsible for inaccurate, incomplete, or incorrect entry of information. In addition, Sponsor Entities and their respective affiliates are not responsible for: (i) lost, late, misdirected, damaged, or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information on account of technical congestion on the Internet, the interactive window, at any website or any combination thereof. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from the Sweepstakes any person it believes has intentionally violated these Official Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that some malfunction, error, disruption, fraud or damage is impairing or will impair the administration, security, fairness, integrity or proper play of the Sweepstakes. If Sweepstakes is terminated before the end date, Sponsor will determine the winner from all eligible entries received as of the termination date. Any entries found to be tampered with or altered in any way will be void.
In the event of a dispute regarding the identity of any potential prize recipient hereunder, the potential prize recipient shall be deemed to be the "authorized account holder" of the e-mail address submitted at the time of the Sweepstakes entry. The "authorized account holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Such "authorized account holder" must provide verification, if asked by the Sponsor, by submitting a government issued identification matching the information supplied on the registration form associated with the first account. A potential prize recipient must provide the Sponsor with satisfactory proof that he/she is the authorized account holder of the e-mail address associated with the potential prize-receiving entry. Entries generated by a script, macro or other automated means shall be disqualified from this Sweepstakes and ineligible to receive any prize hereunder. Sweepstakes entries that are incomplete, illegible, indecipherable, incomplete, inaccurate or corrupted are void and will not be accepted. Information collected from each Sweepstakes entrant shall be used for the purpose of identifying and notifying the potential prize recipients, conducting any random prize drawing(s) hereunder, providing the e-commerce services and promotion and marketing purposes.
Fifty (50) winners will be awarded a standard prize of one (1) OpenTable Visa gift card in the amount of One Hundred U.S. Dollars (USD $100).
The approximate retail value (the "ARV") of the Standard Prize is One Hundred U.S. Dollars (USD $100). The total ARV of all prizes is Five Thousand Dollars ($5,000 USD). No transfer or substitution of the Standard Prize by the winner shall be allowed. In no event will the cumulative actual retail value Standard Prize exceed One Hundred U.S. Dollars (USD $100).
A Standard Prize may not be redeemed for cash, and there is no cash value. The prize is nonchangeable once redeemed. A Standard Prize cannot be used in conjunction or combined with any other competition or offer. Sponsor reserves the right to substitute a prize, or any portion thereof, of equal or greater value should a prize, or any portion thereof, become unavailable for any reason.
Sponsor, specifically reserve the right, exercisable at any time in their sole discretion, to substitute a Standard Prize due to prize unavailability (for any reason), provided that the substitute prize is an item of equal or greater value.
By participating, entrants agree to be bound by these Official Rules and the decisions of the judges, which shall be final, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. All federal, state and local laws apply.
All federal, state or other tax liabilities arising from this Sweepstakes will be the sole responsibility of the prize winner. The complete and proper reporting and timely payment of all applicable federal, state, local and other taxes on or with respect to the receipt, possession or use of each prize awarded hereunder are the sole responsibility of the particular recipient of such prize.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes should fraud, a virus, bug, computer problem or other causes beyond the Sponsor's control corrupt the administration, security or proper play of the Sweepstakes.
The Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, the Sponsor determines that you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE THE WEBSITE, TAMPER WITHOR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF SUCH PARTICIPANT AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
All prizes hereunder will be fulfilled by October 1, 2017. If any potential recipient of a prize hereunder cannot be contacted; is ineligible; fails to claim the prize; or otherwise fails to fully comply with each provision of these Official Rules, then he/she will forfeit any and all rights to receive, possess or use that prize, and that particular prize will not be awarded.
Sponsor is not responsible for technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, software or web site. Sponsor is not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone, computer, e-mail Internet or wireless transmissions or technical failures, jumbled, scrambled or misdirected transmissions, incomplete, incorrect or inaccurate entry information, howsoever caused, or other error of any kind, whether human, mechanical or electronic.
The Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision or of any other provision hereof
Except where prohibited by law, entry constitutes permission to use each potential winner's name, hometown and likenesses for online posting, and/or any advertising and publicity without notice or compensation. By entering, each participant agrees for themselves and anyone acting on their behalf to irrevocably release and hold harmless the Sponsor Entities, Marketing Affiliate, their respective legal representatives, prize providers, advertisers and each of their respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, death, loss or damage of any kind arising from or in connection with the Sweepstakes, including any damage to computer during the entry process, or any prize won. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
ALL ENTRANTS AGREE THAT THE SPONSOR, MARKETING AFFILIATE, THEIR PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND AGENCIES AND/OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE SWEEPSTAKES SHALL NOT BE LIABLE FOR CLAIMS, LOSSES, LIABILITIES, EXPENSES OR INJURIES OF ANY KIND RESULTING IN ANY WAY FROM CONTESTANT PARTICIPATION IN THE SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO, THE DRAWING, ACCEPTANCE, POSESSION OR USE OF THE PRIZE, ANY DELAYED, LATE, LOST, MISDIRECTED, INCOMPLETE, UNINTELLIGIBLE OR DAMAGED ENTRIES, OR ANY PRINTING, TYPOGRAPHICAL, ADMINISTRATIVE, TELEPHONY, COMPUTER, ONLINE SERVICE, COMMUNICATIONS, TRANSMISSIONS ERRORS, LOST CONNECTIONS OR OTHER TECHNICAL MALFUNCTIONS THAT MAY OCCUR.
ALL ENTRANTS ACKNOWLEDGE THAT THE SPONSOR, MARKETING AFFILIATE, THEIR PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND AGENCIES AND/OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE SWEEPSTAKES MAKE NO WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED IN RESPECT OF THE PRIZE, WHETHER IN RESPECT OF FITNESS FOR PURPOSE, SATISFACTORY QUALITY, DESCRIPTION OR NATURE OF THE PRIZE OR OTHERWISE. ALL PARTICIPANTS, BY ENTERING THE SWEEPSTAKES, AGREE TO BE BOUND BY THE ABOVE RULES.
Restrictions, conditions, and limitations on prize apply. Each entrant further agrees that, in the event there is any conflict or other inconsistency between the Official Rules and any advertisements, promotional or marketing materials, emails, or announcements relevant to this Sweepstakes, these Official Rules will control.
Entrants agree that any and all claims, disputes and causes of action arising out of or related to this Sweepstakes shall be resolved exclusively by the appropriate federal, state or local courts in Los Angeles County, California in accordance with the laws of the State of California without giving effect to conflict of law rules which would cause the application of the laws of any other jurisdiction, and consent to the exclusive personal jurisdiction of those courts.
For additional information regarding the Official Rules or to obtain a winner list, available after October 1, 2017, send a self-addressed stamped envelope to: THE ELEVATE YOUR SUMMER SWEEPSTAKES, c/o RGM Group 555 West 5th Street, 35th Floor, Los Angeles, CA, 90013. Please specify Rules, Winners List or other reason for inquiry. Vermont and Washington residents may make this request without a self-addressed stamped envelope.
The sponsor of this Sweepstakes is RGM Group Enterprises, LLC, 555 West 5th Street, 35th Floor, Los Angeles, CA 90013. Nestlè Waters North America Inc. is not a sponsor of the Sweepstakes.