XYIENCE ENERGY DRINK’S 2017 FOOTBALL SWEEPSTAKES

Official Rules

Updated: 09.12.2017

 

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

XYIENCE Energy Drink’s Football 2017 Sweepstakes is a sweepstakes sponsored by XYIENCE Beverage Company, LLC (“Sponsor”) through which legal residents of the contiguous United States aged 18 and older can enter for a chance to win a trip to Atlanta, Georgia between January 7-9, 2018 and a gift card to StubHub (“Grand Prize”) by submitting an entry between 12:00 a.m. Central Time (“CT”) September 15, 2017 and 11:59 p.m. CT December 11, 2017 (“Entry Period”) at www.XYIENCE.com/football.  Winner will be chosen in a random drawing, on December 12, 2017. Odds of winning will depend on the amount of entries received during the Sweepstakes.

 

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 September 15, 2017 and ends at 11:59 p.m. CT on December 11, 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/football during the Sweepstakes Entry Period and follow the online instructions to complete and transmit the entry form. Entries must be received by December 11, 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.

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.

Grand Prize

XYIENCE Energy Drink’s Football 2017 Sweepstakes Grand Prize includes a two (2) night trip for the Winner and one (1) guest to Atlanta, Georgia between January 7-9, 2018 and a SeatGeek gift card to purchase tickets to the football game on January 8, 2018.

Trip includes round trip, coach-class air transportation for two (2) within the contiguous United States from a major airport near Winner’s home (determined by Sponsor in its sole discretion) to a major airport in Atlanta, Georgia; two (2) nights’ accommodations for two (2) consisting of one (1) room in a hotel determined by Sponsor; meet and greet with Barstool Sports personalities, and a gift card to SeatGeek for two (2) tickets to the football game on January 8, 2018.

 

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 Grand 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 Grand 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 Grand Prize. Winner will receive an IRS Form 1099 for the approximate retail value of the Grand Prize 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 December 12, 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 in order to claim Grand Prize. By accepting and using the Grand 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 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 Winner. If the selected Winner cannot be contacted, is ineligible, fails to claim the Grand 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, Grand Prize may be forfeited and an alternate winner may be selected. If a selected Winner is disqualified for any reason, the Grand 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 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 Football Sweepstakes 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