Official Rules XYIENCE® Energy Drink’s Harley Davidson Military Sweepstakes 2017 Sponsored by XYIENCE Beverage Company, LLC   OPEN TO ACTIVE-DUTY MEMBERS, VETERANS WITHIN ONE YEAR OF DISCHARGE DATE, RETIRED SERVICE MEMBERS, AND RESERVISTS OF THE UNITED STATES MILITARY WHO ARE 18 YEARS OF AGE OR OLDER.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  NO PURCHASE NECESSARY TO ENTER OR WIN.

Promotion Period: XYIENCE Energy Drink’s Harley Davidson Military Sweepstakes (“Promotion”) commences at 12:00:01 AM Central Time (“CT”) on August 1, 2017, and ends at 11:59:59PM CT on October 03, 2017 (the “Promotion Period”).

 

Eligibility: Promotion is open to legal residents of the 50 United States and District of Columbia, at least 18 years of age or the age of majority in their state of residence who are active-duty, reserve, veterans within one year of discharge date or retired service members of the U.S. Air Force, U.S. Army, U.S. Navy, U.S. Marine Corps, U.S. National Guard, or U.S. Coast Guard at time of entry. All others are ineligible and will be disqualified. Void where prohibited or restricted. Potential winner will be required to present valid military identification prior to awarding of Prize.

Employees and non-employee workers of XYIENCE Beverage Company, LLC (“Sponsor”), and its respective parent companies, subsidiaries, affiliates, and agents and agencies involved in the Promotion (hereafter “Released Parties”) and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win.

 

How to Enter: Text the keyword to the number detailed on XYIENCE Energy Drink’s Harley Davidson Military Sweepstakes’ promotional materials 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 3, 2017 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.

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

 

Selection of Winner: Potential winner will be randomly selected on or around October 4, 2017 from all valid entries received during the Promotion Period. The odds of winning depend on the total number of eligible entries received.

 

Winner Notification: The potential winner will be notified by SMS sent to the phone number provided upon entry, within two (2) business 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 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 potential winner is disqualified for any reason, the Prize may be awarded to an alternate winner selected at random in Sponsor’s sole discretion.

Potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return any Prize Claim Documents within the period of time specified by the Sponsor, the potential winner may be disqualified and an alternate winner may be selected. Additional restrictions may apply.

 

Prizes: One (1) Prize consisting of a 2017 Harley-Davidson Motorcycle Street 500 will be awarded to one (1) Winner. Prize pictured in materials made for this Promotion are for illustrative purposes only. Actual Prize may vary in appearance from those pictured. The Approximate Retail Value (“ARV”) of the Prize is eight thousand dollars ($8,000).

Winner will be required to pick up Prize or arrange for delivery of Prize from dealership selected by Sponsor. Winner must have a valid driver’s license authorizing Winner to operate a motorcycle in Winner’s state of residence and proof of insurance in order to receive Prize.

Prize is non-transferable and non-assignable. Winner may not substitute Prize or redeem Prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute Prize with one of comparable or greater value. The Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the Prize, including but not limited to transportation from dealer, tags, registration, and title. Winners will receive an IRS 1099 Form for the ARV of the Prize.

 

Limitation of Liability: 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 Rules, 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. 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.

 

TO THE FULLEST EXTENT ALLOWED BY LAW, THE SPONSOR SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED IN THE SWEEPSTAKES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow exclusion of implied warranties, so the above limitation may not apply to you. Entrants agree to rely solely on the manufacturer’s warranties, if any, for any Prize redeemed through this Promotion.

Sponsor is not responsible for lost, late, misdirected, incomplete, or non-delivered entries; 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, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, Sponsor shall not have any liability. Any entrant who tampers or abuses any aspect of the Promotion, as determined solely by Sponsor, will be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES (INCLUDING ATTORNEYS’ FEES) AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

Privacy: Personal information that is submitted by entrants as part of this Promotion will be used to administer the Promotion, select Winner, and fulfill the Prize, and will be treated in accordance with Sponsor’s privacy policy accessible on its website at www.xyience.com/privacy.

Sponsor:

XYIENCE Beverage Company, LLC

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

Harley Davidson Military Sweepstakes

“Winner List”

6500 River Place Blvd.

Building 1, Suite 450

Austin, TX 78730

Requests must be received no later than October 31, 2017.

© 2017 XYIENCE Beverage Company, LLC