XYIENCE® ENERGY DRINK’S #PONDPONDERING CONTEST
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES WHOSE ENTRIES MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW. VOID WHERE PROHIBITED. By participating in XYIENCE Energy Drink’s #PondPondering Contest (“Contest”) each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules.
XYIENCE Energy Drink’s #PondPondering Contest is a promotion sponsored by XYIENCE Beverage Company, LLC (“Sponsor”) through which eligible individuals can enter for a chance to win a prize by submitting an entry between 12:00 a.m. Central Time (“CT”) October 28, 2016 and 11:59 p.m. CT November 18, 2016 (“Entry Period”). Entrants who meet the Eligibility Requirements set forth below who are interested in participating in the Contest must tweet a line for Sam Ponder on Twitter® with the hashtag #PondPondering to potentially be used in a future XYIENCE Energy Drink video. 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.
The Contest is open to legal residents of the 50 United States (or 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 #PondPondering 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 #PondPondering Contest by tweeting a line for Sam Ponder to use in a XYIENCE Energy Drink Pond Pondering video with the hashtag #PondPondering (“Entry”). Winning Entries may be used in an upcoming XYIENCE Energy Drink video. Each entrant will receive one (1) Entry per unique submission.
By posting to Twitter, entrants agree to comply with the Twitter Terms of Service which are available at https://twitter.com/tos. This Contest is not sponsored, endorsed, or administered by, or associated with Twitter in any way. Twitter is a registered trademark of its respective owner and the use of such trademark is not intended to suggest any approval, sponsorship, or endorsement of the Contest by the trademark owner.
- Entrants agree and understand all Entries shall become the property of Sponsor and will 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 its 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;
- 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;
- References persons or organizations without their written permission;
- 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.
Failure of any Entry to comply with the above Entry Requirements and Content Restrictions, as determined solely by Sponsor, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, refers, depicts, or in any way reflects negatively upon the Sponsor, the Contest, or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All entries shall become the exclusive property of Sponsor. Entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
The Promotion Parties and Twitter are 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 Twitter or post the Entry to Twitter; 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 October 28, 2016 at 12:00 a.m. CT, ends on November 18, 2016 at 11:59 p.m. CT. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The account used to post an Entry on Twitter must be valid at time of entry and through 11:59 p.m. CT November 21, 2016. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected Entries, which will be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the email address connected with the Twitter account.
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 (40%)
- Humor (40%)
- Marketability (20%)
Winner Determination and Notification
Five (5) winning Entries will be selected by the Judging Panel based on the Judging Criteria. Judging will be completed on or about November 21, 2016. In the event of a tie, the Entry that received the highest score for Marketability as determined by the Judging Panel, in its sole discretion, will be deemed the winning Entry.
Winners will be notified by direct message to the Twitter account used to submit the Entry on or around November 22, 2016. It is entrant’s responsibility to timely 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 potential Winner cannot be contacted, fails to execute and return any required release, fails to provide any other requested information within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, Winner forfeits prize. 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’ name, city, state or province, likeness, 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, Promotion Parties 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.
Each of the five (5) Winners will receive five (5) twelve-pack (12 pack) cases of XYIENCE Energy Drinks (ARV: $120), XYIENCE brand merchandise (ARV: $25), and potential use of Entry in a XYIENCE Energy Drink video featuring Sam Ponder. 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. Total prize ARV: $725.
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
In the event of a printing error or irregular packaging, neither XYIENCE Beverage Company, LLC, nor 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 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 #PondPondering
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 #PondPondering
6500 River Place Blvd, Bldg.1 Ste. 450
Austin, TX 78730
Requests must be received no later than, February 28, 2017.