XYIENCE® ENERGY DRINK’S EL CLÁSICO CONTEST
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES EIGHTEEN AND OLDER WHOSE ENTRIES MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW. VOID WHERE PROHIBITED. By participating in XYIENCE Energy Drink’s El Clásico Contest (“Contest”) each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules.
XYIENCE Energy Drink’s El Clásico Contest is a promotion sponsored by XYIENCE Beverage Company, LLC (“Sponsor”) through which eligible individuals can enter to win a trip for two to Miami to watch the International Champions Cup El Clásico Game by submitting an Entry between 12:00 a.m. Central Time (“CT”) May 22, 2017 and 11:59 p.m. CT July 12, 2017 (“Entry Period”). Entrants who meet the Eligibility Requirements set forth below who are interested in participating in the Contest must upload a photo or video on Facebook, Instagram, and/or Twitter (collectively, “Social Media Sites”) with the hashtag #XYIENCESOCCER to be entered into the contest. Contest 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 Contest, 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 Contest.
This Contest is not sponsored, endorsed, or administered by, or associated with by Facebook, Instagram, or Twitter. Facebook, Instagram and Twitter are registered trademarks of their respective owners and the use of such trademarks is not intended to suggest any approval, sponsorship, or endorsement of the Contest by the trademark owners.
The Contest 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 enrollment. The Contest is void where prohibited by law.
Employees and non-employee workers of XYIENCE Beverage Company, LLC, its respective parent companies, subsidiaries, affiliates, and agents and agencies (collectively “Promotion Parties”) involved in XYIENCE Energy Drink’s El Clásico Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible to participate in any Giveaway, Sweepstakes, Instant Win Game or Contest of any kind offered by XYIENCE Beverage Company, LLC. Former employees of XYIENCE Energy Drink, LLC and its contest affiliates must provide documentation that it has been at least one (1) calendar year since the final date of employment.
Individuals may enter XYIENCE Energy Drink’s El Clásico Contest by sharing a photo or video on the Social Media sites with the hashtag #XYIENCESOCCER (an “Entry”). Entries that fail to meet the eligibility criteria shall be disqualified and will not be judged.
By completing he entry methods provided above, entrant’s photo or video will be entered into the Contest. Entries will be deemed submitted by the authorized account holder of the email address connected with the Social Media Site account. Entries generated by any automated means are prohibited and will be disqualified.
- Entrants agree and understand all Entries shall become the property of Sponsor and may be made available to the public. Sponsor does not promise or guarantee any confidentiality with respect to any Entry.
- Each Entry must be an original creation of the entrant which is under no restriction, contractual or otherwise, that will prevent or limit Sponsor’s use of the Entry and is free of any and all liens, encumbrances, and claims of third parties. Entrant acknowledges, warrants, and agrees that nothing in the Entry infringes on any copyrights, confidential information, trade secrets, or trademarks belonging to any person or entity other than entrant absent a suitable license, clearance, or permission agreement, or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless Sponsor and its officers, directors, employees, and affiliated organizations, and their respective officers, directors, and employees from and against any and all claims, demands, damages, costs, liabilities, and causes of action of any nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph.
- By submitting the Entry, the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Entry and each of their constituent parts, which rights include, without limitation, the Sponsor’s right to edit, publish, make available to the public and/or reproduce the Entry through any media available at any time on any websites, in any promotional materials, whether related or unrelated to the Contest, and at any other location that Sponsor, in its sole discretion, deems appropriate. In addition, entrant warrants that any “moral rights” in the Entry have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Entry, whether or not entrant has been awarded a prize in connection with any Entry or other materials. Entrant agrees to release, defend, indemnify, and hold harmless Sponsor and its officers, directors, employees, and affiliated organizations from all claims, demands, and causes of action of any nature which entrant or entrant’s heirs, representatives, executors, administrators have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in this paragraph, (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry.
Entries must NOT contain material that:
- Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- References persons or organizations without their permission;
- Promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Includes any corporate advertising other than that of Sponsor (including but not limited to brand names, trademarks, slogans, political, personal and religious statements);
- Includes profanities or obscenities or content that is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous, or libelous;
- Disparages any person or organization;
- Includes threats to any person, place, business, or group;
- Is unlawful, in violation of or contrary to any applicable federal, state, or local laws and regulations.
Sponsor is not responsible for any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online system, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to access the Website or post the Entry to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to any reason whatsoever; or typographical, printing, or other errors.
The Contest Entry Period begins on May 22, 2017 at 12:00 a.m. CT, ends on July 12, 2017 at 11:59 p.m. CT. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
After the Entry Period ends, each eligible Entry will be judged by a Judging Panel made up of representatives of Sponsor in accordance with the following Judging Criteria:
- Originality and Creativity (40%)
- Enthusiasm for Soccer (40%)
- Photo or Video Quality (20%)
Winner Determination and Notification
One (1) winning Entries will be selected by the Judging Panel based on the Judging Criteria. Judging will be completed by July 10, 2017. In the event of a tie, the Entry that received the highest score for Enthusiasm for Soccer as determined by the Judging Panel, in its sole discretion, will be deemed the winning Entry.
Winners will be notified by message to the Social Media account used to submit the Entry. It is entrant’s responsibility to set account settings to accept messages from Sponsor and to timely check account for messages. Sponsor is not responsible for any failure of delivery of notice. If a selected potential winner cannot be contacted, is ineligible, or fails to claim the Prize within forty-eight (48) hours from the time award notification was sent, Prize may be forfeited and an alternate winner may be selected. If a Winner is disqualified for any reason, the Prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion.
Acceptance of any Prize shall constitute and signify Winners’ consent that Sponsor and its designees may use the Winners’ Entry and/or Prize information for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. The Winners accepts and acknowledges Sponsor shall not be obligated to use any Entry and that Sponsor shall have the right to refrain from using any of the Entries. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winners shall indemnify Sponsor, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Official Rules.
The Winner will receive a three (3) day, two (2) night trip for two (2) to Miami, Florida, from July 28, 2017 to July 30, 2017 and two (2) tickets to the International Champions Cup El Clásico Game on July 29, 2017. 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 Miami, Florida, and two (2) nights’ accommodations in a hotel determined by Sponsor in (single room, double occupancy). Winner must travel on dates determined by Sponsor in its sole discretion or the Prize will be forfeited. Travel must be round trip. 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. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Sponsor is not responsible for any expenses or incidental travel costs not expressly stated in the description above, including but not limited to, ground transportation, incidentals, gratuities, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses. Unless child of Winner, travel companion must be eighteen (18) years of age or older as of the date of departure. Travel companion must travel on same itinerary and at the same time as the Winner and may be required to execute liability/publicity releases prior to issuance of travel documents. Approximate Retail Value of total Prize: $3,500. 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. Awarding of Prize is subject to the Winner’s acceptance of all requisite conditions in these Official Rules and agreement to grant rights set forth in these Official Rules.
Winners are responsible for any and all Prize related expenses, including without limitation any and all federal, state and local taxes, as well as any other costs and expenses associated with acceptance and use of Prize not specified as covered as part of Prize. No transfer, assignment, cash redemption or substitution of Prize (or portion of Prize) is permitted, except by Sponsor, which reserves the right to substitute a Prize (or applicable portion of Prize) with one of comparable or greater value, as determined by Sponsor.
Limitation of Liability
XYIENCE Beverage Company, LLC, and its related companies, parents, subsidiaries, affiliates, and suppliers and other companies involved in the development or execution of the Contest or the production or distribution of Contest materials shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST OR PRIZE OFFERED THROUGH THE GIVEAWAY, 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 CONTEST, 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 Contest, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize obtained through the Contest, 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 Contest, 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 the Official Rules, or the rights and obligations of entrant and the Sponsor in connection with the Contest, 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 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 Official 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 Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Official Rules, which will otherwise remain in full force and effect.
XYIENCE Beverage Company, LLC
6500 River Place Blvd.
Bldg. 1, Ste 450
Austin, TX 78730
Copy of Official Rules: For a copy of the Official Rules, please send your detailed request to:
XYIENCE Beverage Company, LLC
XYIENCE Energy Drink El Clásico
6500 River Place Blvd. Bldg. 1 Ste 450
Austin, TX 78730
Winner’s List: To obtain a copy of any legally required winner’s list, mail your request to:
XYIENCE Beverage Company, LLC
XYIENCE Energy Drink El Clásico
6500 River Place Blvd, Bldg.1 Ste. 450
Austin, TX 78730
Requests must be received no later than, August 30, 2017.
®, © 2016 XYIENCE Beverage Company, LLC