XYIENCE ENERGY DRINK’S 12 Days of Giveaways 2017 Sweepstakes

Official Rules

Updated: 12.5.2017

PLEASE READ CAREFULLY. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. By participating in XYIENCE Energy Drink’s 12 Days of Giveaways 2017 Sweepstakes (“Sweepstakes”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules 

Promotion Period

XYIENCE Energy Drink’s “12 Days of Giveaways” (“Promotion”) commences at 12:00:01 AM Central Time (“CST”) on December 1, 2017, and ends at 11:59:59PM CST on December 12, 2017 (the “Promotion Period”).  Entries must be received by 11:59:59PM CST December 12, 2017. Entries submitted past the expiration of the Promotion Period will not be accepted.

Eligibility

The Sweepstakes is open to legal residents of the contiguous United States who are 18 years or older at the time of entry submission.

Employees and non-employee workers of XYIENCE Beverage Company, LLC, and its respective parent companies, subsidiaries, affiliates, and agents and agencies involved in the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such persons are not eligible to participate in any Promotion, Sweepstakes, Instant Win Game, or Contest of any kind offered by XYIENCE Beverage Company, LLC. Former employees of XYIENCE Beverage Company, LLC, its affiliates, and its contest affiliates must provide documentation that it has been at least one (1) calendar year since the final date of employment.

Each entrant will receive one (1) Sweepstakes entry upon submission into the Sweepstakes as outlined below. Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. By entering and participating in the Sweepstakes, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes.

Duration of Sweepstakes Submission Period

The Sweepstakes submission period begins at 12:00 a.m. CT on December 1, 2017 and ends at 11:59 p.m. CT on December 12, 2017. Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Sweepstakes, at its discretion, at any time.

How to Enter

Visit www.XYIENCE.com/12daysofgiveaways during the Sweepstakes Entry Period and follow the online instructions to complete and transmit the entry form. Entries must be received by December 12, 2017 11:59:59 PM CT.

Limit one (1) entry per person per day during the Entry Period. Entries must be submitted solely by the entrant. Enter using an email address subscribed and registered in your name. The authorized email account subscriber is deemed to be the natural person who is assigned the email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor is not responsible for any incorrect or inaccurate information supplied by any entrant participating in the Sweepstakes. Entrant will receive one additional entry for opting in to XYIENCE Energy Drink’s subscriber list. Entrant will receive one additional entry when someone they refer uses the referral code generated through the submission form.

Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. An eligible individual receives one (1) automatic entry into the Sweepstakes when the requested information is received by Sponsor. The email address submitted must be valid through the Sweepstakes. All entries become the property of Sponsor. Sponsor is not responsible for unforeseen technical difficulties that may arise throughout the course of entry to the contest.

Prizes

A total of twelve (12) prizes are available. Each daily winner shall receive one of the prizes awarded in the following order during the Sweepstakes Period:

DAY 1: One case of XYIENCE. Winner will be given code to purchase one case online at buyxyience.com. Estimated Retail Value: $24

DAY 2: XYIENCE hat. Estimated Retail Value: $20

DAY 3: XYIENCE Swag Bag: Includes a t-shirt, hat, koozies, golf towel, lip balm and stickers. Estimated Retail Value: $45

DAY 4: XYIENCE T-Shirt. Estimated Retail Value: $15

DAY 5: XYIENCE Swag Bag: Includes a t-shirt, hat, koozies, golf towel, lip balm and stickers. Estimated Retail Value: $45

DAY 6: One case of XYIENCE. Winner will be given code to purchase one case online at buyxyience.com. Estimated Retail Value: $24

DAY 7: XYIENCE Swag Bag:  Includes a t-shirt, hat, koozies, golf towel, lip balm and stickers. Estimated Retail Value: $45

DAY 8: XYIENCE hat: Estimated Retail Value: $20

DAY 9: XYIENCE T-Shirt. Estimated Retail Value: $15

DAY 10: One case of XYIENCE. Winner will be given code to purchase one case online at buyxyience.com. Estimated Retail Value: $24

DAY 11: XYIENCE hat. Estimated Retail Value: $20

DAY 12: XYIENCE Swag Bag: Includes a t-shirt, hat, koozies, golf towel, lip balm and stickers. Estimated Retail Value: $45

Prizes are non-transferable, and no cash alternative or prize substitutions will be allowed, except in Sponsor’s discretion. A substitute of comparable or greater value may be awarded if any prize listed becomes unavailable for any reason. Odds of winning depend on the number of eligible entries received. Winners will be notified via e-mail with instructions on how to claim prize. Limit one prize per household

Winner Selection and Notification

One (1) winner will be randomly selected for each day of the Sweepstakes Period (i.e., one (1) winner per day for twelve (12) days), from among all eligible entries received for that day’s drawing. 12 winners will be chosen by December 15, 2017.   No liability is assumed for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within two (2) days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.

General Terms and Conditions

By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding.

To learn how the personal information collected in connection with the Sweepstakes may be used, participants should read Sponsor’s Privacy Policy, which is available at http://www.XYIENCE.com/privacy. The terms of Sponsor’s Privacy Policy are incorporated herein by reference.

The Sweepstakes is open to individuals only. Corporations, associations or other groups may not participate in the Sweepstakes.

All questions or disputes regarding eligibility for the Sweepstakes or an entrant’s compliance with these Rules will be resolved by the Sponsor in its sole discretion.

Limitation of Liability

The Released Parties (as defined below) are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Sweepstakes or utilized by the entrant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. By participating, entrants agree to release and hold harmless XYIENCE Beverage Company, LLC and its respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Sweepstakes or the production or distribution of Sweepstakes materials (“Released Parties”) from any and all liability, injury, loss, or damage of any kind arising from or in connection with participation in this Sweepstakes or use of Grand Prize. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SWEEPSTAKES OR GRAND PRIZE OFFERED THROUGH THE SWEEPSTAKES, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE SWEEPSTAKES, AN ENTRANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.

As a condition of participating in this Sweepstakes, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or Grand Prize obtained through the Sweepstakes, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association (ii) any and all claims, judgments and prizes shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will any entrant be permitted to seek recovery for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives 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 entrant and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas.

These Official Rules constitute the entire agreement between Sweepstakes entrants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Rules shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.

Winner List:

To obtain a copy of any legally required winner list, mail your request to:

XYIENCE Beverage Company, LLC

2017 12 Days of Giveaways Winner List

6500 River Place Blvd.

Building 1, Suite 450

Austin, TX 78730

Requests must be received no later than, March 15, 2018.

© 2017 XYIENCE Beverage Company, LLC