XYIENCE’S COLLEGE BASKETBALL EXPERIENCE SWEEPSTAKES

Official Terms and Conditions

Updated: 01.29.2017

 

PLEASE READ CAREFULLY. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. By participating in XYIENCE’S COLLEGE BASKETBALL EXPERIENCE SWEEPSTAKES (“Sweepstakes”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Terms and Conditions.
XYIENCE’S COLLEGE BASKETBALL EXPERIENCE SWEEPSTAKES is a sweepstakes sponsored by XYIENCE Beverage Company, LLC (“Sponsor”) through which legal residents of the United States aged 18 and older can enter for a chance to win a college basketball experience at the University of Phoenix Stadium in Phoenix, AZ (“Grand Prize”) by submitting an entry between 12:00 a.m. Central Time (“CT”) February 1, 2017 and 11:59 p.m. CT March 15, 2017 (“Entry Period”) at XYIENCE.com/basketball. Winner will be chosen in a random drawing, on or around March 17, 2017.  Odds of winning will depend on the amount of entries received during the Sweepstakes.

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 Terms and Conditions and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes.

 

Eligibility

The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are 18 years or older at the time of entry submission. The Sweepstakes is void where prohibited by law.

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.

Duration of Sweepstakes Entry Period

The Sweepstakes Entry Period begins at 12:00 a.m. Central Time (“CT”) on February 1, 2017 and ends at 11:59:59 p.m. CT on March 15, 2017. Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Sweepstakes, at its discretion, at any time.

How to Enter

Visit XYIENCE.com/basketball during the Sweepstakes Entry Period and follow the online instructions to complete and transmit the entry form. Website entries must be received by March 15, 2017 11:59:59 PM CT.

Limit one (1) entry per person 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. The email address submitted must be valid through the Sweepstakes.

Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Sponsor is not responsible for unforeseen technical difficulties that may arise throughout the course of entry to the contest.

Prize

XYIENCE’s College Basketball Experience Sweepstakes Prize includes a four (4) night trip for the Winner and one (1) guest to Phoenix, Arizona, for the XYIENCE College Basketball Experience.

Trip includes round trip, coach-class air transportation for two (2) from a major airport near Winner’s home (determined by Sponsor in its sole discretion) to Phoenix, Arizona; four (4) nights’ accommodations for two (2) consisting of one (1) room in a hotel determined by Sponsor; and two (2) tickets to the three (3) 2017 NCAA Final Four Basketball games on April 1, 2017 and April 3, 2017 complete with credentials granting pre- and post-game floor access and admission to a pre-game hospitality event.

 

Winner must take trip between March 31, 2017 and April 4, 2017 or Prize will be forfeited.  Sponsor will determine airline and flight itinerary in its sole discretion.  No refund or compensation will be made in the event of cancellation or delay of flight. All expenses and incidental travel costs not expressly stated in the description above, including but not limited to, ground transportation, means, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of Winner.

Unless child of Winner, guest must be eighteen (18) years of age or older as of the date of departure. Guest must travel on same itinerary as Winner and must execute liability releases prior to issuance of travel documents.

Sponsor is not responsible if any events associated with the Prize are delayed or canceled for any reason.  Approximate Retail Value (ARV): $3,800 USD.  Actual value may vary based on airfare fluctuations and distance between departure and destination.  Winner will not receive difference between approximate and actual retail value. The receipt by Winner of the Prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations.  Winner shall be solely responsible for all federal, state, and local taxes, and the reporting consequences thereof, associated with acceptance of the Prize.  Winner will receive an IRS Form 1099 for the Prize ARV for the tax year in which it is awarded.

 

Selection of Winners 

The Winner will be determined by random drawing from all eligible entries received. The Winner will be randomly selected after the conclusion of the Entry Period, on or around March 17, 2017. The odds of winning depend on the number of eligible entries received. Except where prohibited, the Winner will be required to sign and return a Declaration of Compliance and Liability Release, which must be received by Sponsor within three (3) days of the date sent, in order to claim Prize. By accepting or using Prize, Winner consents to the use of his or her name, voice or likeness for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law and upon request will provide such consent in writing.

Winner Notification

 

The potential winner will be notified by the email address provided upon entry, within two (2) days of the random selection.  It is Entrant’s responsibility to timely check account for messages. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify potential winner. If the selected potential winner cannot be contacted, is ineligible, fails to claim the prize within forty-eight (48) hours from the time award notification was sent, or fails to timely return completed and executed declarations and releases as required, prize may be forfeited and an alternate winner may be selected.  If a potential winner is disqualified for any reason, the Prize may be awarded to an alternate winner selected at random in Sponsor’s sole discretion.

General Terms and Conditions

By participating, entrants agree to be bound by these Official Terms and Conditions 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 Terms and Conditions 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 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 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 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 Terms and Conditions, 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 Terms and Conditions 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 Terms and Conditions 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 Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

Sponsor:

XYIENCE Beverage Company, LLC
6500 River Place Blvd.
Building 1, Suite 450
Austin, TX 78730

 

Copy of Official Terms and Conditions: 

For a copy of the Official Terms and Conditions, please mail your request along with a self-addressed envelope to:

XYIENCE Beverage Company, LLC

XYIENCE’s College Basketball Experience Sweepstakes
“Official Terms and Conditions”
6500 River Place Blvd.
Building 1, Suite 450
Austin, TX 78730

 

Winner List:

To obtain a copy of any legally required winner list, mail your request along with a self-addressed envelope to:

XYIENCE Beverage Company, LLC

XYIENCE’s College Basketball Experience Sweepstakes
“Winner List”
6500 River Place Blvd.
Building 1, Suite 450
Austin, TX 78730

Requests must be received no later than, May 15, 2017.

®, © 2017 XYIENCE Beverage Company, LLC