XYIENCE’S MILITARY RIVALRY PROMO

Official Terms and Conditions

Updated: 09.19.2016

PLEASE READ CAREFULLY. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. By participating in XYIENCE’S MILITARY RIVALRY PROMO (“Promotion”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Terms and Conditions.

XYIENCE’S MILITARY RIVALRY PROMO is a Promotion 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 watch the military’s biggest rivalry game in Baltimore (“Grand Prize”) by submitting an entry between 12:00 a.m. Central Time (“CT”) October 1, 2016 and 11:59 p.m. CT October 31, 2016 (“Entry Period”) by texting MARINES to 31279.   Winner will be chosen in a random drawing on or around November 2, 2016.  Odds of winning will depend on the amount of entries received during the Promotion.

Eligibility

The Promotion is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are 18 years or older at the time of entry submission. The Promotion 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 Promotion, 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 Sweepstakes, Promotion, 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) entry upon submission into the Promotion as outlined below. Promotion 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 Promotion, 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 Promotion.

Duration of Promotion Submission Period

The Promotion submission period begins at 12:00 a.m. CT on October 1, 2016 and ends at 11:59 p.m. CT on October 31, 2016. Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Promotion, at its discretion, at any time.

How to Enter

Text MARINES to 31279 and follow the instructions to submit a Text Message Entry to be entered to win. Entrants may receive several text messages in response to Text Message Entry, including a message confirming entry and legal disclaimers. Text HELP for help.  Text STOP to cease text messages. Text Message Entries must be received by October 31, 2016 11:59 p.m. CT. Enter using only a cell phone number subscribed and registered in your name. In the event of a dispute over a Text Message Entry submitted by multiple individuals using the same cell phone number, entry will be deemed to have been submitted by the authorized subscriber of the wireless provider’s account used to enter the Sweepstakes at the actual time of entry. The authorized wireless company provider’s account subscriber is deemed to be the natural person who is assigned the phone number by the wireless company provider. Text Message Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. An eligible individual receives one entry into the Promotion when he or she submits the requested information. Sponsor is not responsible for unforeseen technical difficulties that may arise throughout the course of entry to the Promotion.

By submitting a Text Message Entry, entrants are giving their express authorization to receive future mobile service commercial messages for purposes of finalizing the winner verification process and Prize fulfillment. Message and data rates may apply.

To enter without sending a text message, hand write your name, address (no P.O. Boxes), email address, phone number where you can be reached, and birthdate on a 3” x 5” card and mail it in an envelope to:

XYIENCE Beverage Company, LLC

XYIENCE MILITARY RIVALRY PROMO

6500 River Place Blvd.

Building 1, Suite 450

Austin, TX 78730

No mass produced entries will be accepted.  Limit one entry per envelope.  Mail in entries must be postmarked no later than October 31, 2016 and received no later than November 1, 2016.

Limit one (1) entry per person during the Entry Period regardless of entry method.

Prize

XYIENCE’S MILITARY RIVALRY PROMO Prize includes a two (2) night trip for the Winner and one (1) guest to Baltimore, Maryland, to watch the military’s biggest rivalry game.

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 Baltimore, Maryland; two (2) nights’ accommodations for two (2) consisting of one (1) room in a hotel determined by Sponsor; and A StubHub gift card intended to be redeemed for tickets to the military football game on December 10, 2016.

Winner must take trip December 9, 2016 through December 11, 2016 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): $1,300 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 Promotion 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 November 2, 2016. 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 five (5) 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 SMS sent to the phone number provided upon entry, within two (2) days of the random selection.  It is Entrant’s responsibility to timely respond to 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 Promotion 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 Promotion is open to individuals only. Corporations, associations or other groups may not participate in the Promotion.

All questions or disputes regarding eligibility for the Promotion 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 Promotion 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 Promotion or the production or distribution of Promotion materials (“Released Parties”) from any and all liability, injury, loss, or damage of any kind arising from or in connection with participation in this Promotion 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 PROMOTION OR PRIZE OFFERED THROUGH THE PROMOTION, 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 PROMOTION, 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 Promotion, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or Prize obtained through the Promotion, shall be resolved individually, without resort to any form of class action (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 Promotion, 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 Promotion, 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 Promotion 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 to:

XYIENCE Beverage Company, LLC

XYIENCE’S MILITARY RIVALRY PROMO

“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 to:

XYIENCE Beverage Company, LLC

XYIENCE’S MILITARY RIVALRY PROMO

“Winner List”
6500 River Place Blvd.
Building 1, Suite 450
Austin, TX 78730

Requests must be received no later than, December 15, 2016.

®, © 2016 XYIENCE Beverage Company, LLC