NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE USE OF A MOBILE DEVICE OR EMAIL ADDRESS IS REQUIRED FOR ENTRY. SUBJECT TO FEDERAL, STATE AND LOCAL LAWS, REGULATIONS AND ORDINANCES.
ONLY OPEN TO LEGAL RESIDENTS OF THE U.S., 18 YEARS OR OLDER.
The Little HUG Big Race Sweepstakes (“Sweepstakes” or “Promotion”) is void outside the 50 United States and the District of Columbia and where prohibited.
The Promotion begins May 10, 2017 at 12:00:00 a.m. (midnight) Eastern Time (ET) and ends June 25, 2017 at 11:59:59 p.m. ET (Promotion Period”).
Administrator’s computer is the official time-keeping device for the Promotion.
1. SPONSOR/ADMINISTRATOR: Promotion sponsored by American Beverage Corporation, One Daily Way, Verona, PA 15147 (“Sponsor”). Promotion administered by Berlin Productions, Inc., 199 Main Street, White Plains, NY 10601 (“Administrator”); Administrator is the independent judging agency for the Promotion.
2. ELIGIBILITY. Promotion is open to all legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry. Employees, officers and directors of Sponsor, Administrator, Roush-Fenway Racing and each of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotion and fulfillment agencies, web site providers, web masters, as well as the immediate family (defined as parents, spouse, children, siblings, regardless of where they live) and same household members (whether related or not) of each such employee, officer and director are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. A mobile device with a camera and Instagram app installed on your mobile device are necessary for entry via Instagram post. A valid email account (as well as Internet access) is required for entry even if you do not enter via Instagram post.
An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has fully complied with these Official Rules and he/she has been notified by Sponsor or its agency (i.e., Administrator) to such effect.
3. HOW TO ENTER
During the Promotion Period, there are three (3) ways to enter the Promotion.
a. You may post a comment and/or photo of a Little Hug Racing retail display, or any comment or photo mentioning or relevant to Little HUG Racing, on the official Little Hug Facebook page ( https://facebook.com/LittleHugFruitBarrels/ , using the hashtag #LittleHugRacingSweepstakes. Doing so will require you to have a Facebook account. If you do not have a Facebook account, sign-up is free at https://facebook.com. NOTE: IF POSTED ANYWHERE ON FACEBOOK OTHER THAN ON THE OFFICIAL LITTLE HUG FACEBOOK PAGE, COMMENT/PHOTO WILL NOT RESULT IN ENTRY IN THE PROMOTION.
b. You may enter by tweeting on Twitter and include a photo of a Little HUG Racing retail display using the hashtag #LittleHugRacingSweepstakes, or tweet and/or post a comment or photo mentioning or relevant to Little Hug Racing using the hashtag #LittleHugRacingSweepstakes. Doing so will require a Twitter account. If you do not have a Twitter account, sign-up is free at https://twitter.com/signup.
c. You may post a photo (which may also include an accompanying caption)** of a Little HUG Racing retail display, or any photo relevant to Little HUG Racing, on Instagram using the hashtag #LittleHugRacingSweepstakes. Doing so will require a mobile device with a camera during the Promotion Period. You must also have the Instagram app installed on your mobile device. If you do not have an Instagram account, sign-up is free at https://www.instagram.com.
**All uses of photo include the accompanying caption of same, regardless of whether expressly stated herein.
Posting an original comment and/or photo using any of the above methods from your public account on one of the above-mentioned social media platforms will result in one entry into the Promotion, subject to the terms of these Official Rules. (Re-posting another person’s comment/photo or sending a comment/photo as a private message will not result in entry in the Promotion, even if the comment/photo includes the prescribed hashtag and content relevant to the Promotion as well as being otherwise in compliance with these Official Rules.) If entering using a mobile device, entry may require data usage or incur data usage charge. Such charges may apply regardless of whether you are successful in posting your comment and/or photo. Check your mobile plan for rates/details. Wireless access may not be available in all areas.
Sponsor and Administrator are not responsible for late, lost, garbled/undecipherable, inaccessible, blocked, corrupted, misdirected, incomplete or invalid entries, which will be disqualified. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail address associated with the Facebook, Twitter or Instagram account/handle used to enter the Promotion (as applicable) will be deemed to be the entrant.
Posted comments and/or photographs and any accompanying captions for Promotion entry must not:
If Sponsor/Administrator determines in their sole discretion that a photo or comment is in violation of any of the foregoing requirements or these Official Rules, the photo or comment will be void and will not result in Sweepstakes entry. In addition, if Sponsor/Administrator is advised that a person engaged in unruly, belligerent or anti-social conduct in conjunction with taking a photograph at the store display, such person will be disqualified and Sweepstakes Entities each reserve the right to pursue all available legal remedies so as to protect their respective rights. By way of example only, unruly/belligerent/anti-social conduct includes acting in an abusive or obnoxious manner toward store personnel or guests as well as vandalizing, defacing or otherwise modifying/altering the store display in any manner.
To the extent that your comment or photo includes an endorsement of Little Hug Fruit Barrels, you represent and warrant that the comment/photo is truthful in all material respects and accurately references your actual experience in using such product.
Subject only to those rights retained by Instagram, Facebook, or Twitter (as applicable), entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, edit, distribute, display, reproduce and/or otherwise exploit the comment/photo in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant.
COMMENTS OR PHOTOS/ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME.
Sponsor may acknowledge receipt of comments or photos/entries, including by commenting upon or re-posting them. Should Sponsor choose to do so, any such acknowledgment merely indicates that the photo/entry has been received and is not otherwise binding upon Sponsor. Without limiting the foregoing, any such acknowledgment does not constitute any representation as to eligibility of entry or notification of selection as a potential prize winner in the Promotion.
Limit one (1) entry per person per Instagram, Facebook or Twitter account-holder during the Promotion Period, for a total of three (3) entries per person. If more than one (1) entry is received by a person/Instagram/Facebook/Twitter account-holder, such entrant may be disqualified. Use of any automated program or like means to violate the entry conditions (including the entry limit) will void all that entrant's entries and that entrant will be disqualified from the Sweepstakes.
Posting a comment or photo on Instagram, Facebook or Twitter using the designated hashtag is the only means of participating in the Promotion.
4. SELECTION OF WINNERS
Winners will be selected in a random drawing comprised of all eligible entries combined from all methods of entry received during the Promotion Period. Random drawing will be conducted by Administrator on or about June 29, 2017.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
In all cases, provided that the content of the comment/photo is in compliance with these Official Rules (including Rule 3, “How To Enter”), the quality of the comment/photo will NOT be taken into account in the winner selection process.
All potential prize winners will be notified by direct message (i.e., private message) on either Facebook, Twitter or Instagram (as applicable), according to entrant’s method of entry, and will be required to respond as instructed within three days of first direct message notification. IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SO AS TO ACCEPT DIRECT MESSAGES.
Potential prize winners may be required to attest to compliance with the Promotion Official Rules in order to verify entry eligibility. If applicable, potential prize winner agrees that an electronic signature shall have the same legal force and effect as signing such document by hand.
Noncompliance within the time period specified (as applicable) or return of prize notification as undeliverable or other failure to complete prize claim procedure for any prize may result in disqualification without further notice and an alternate potential winner selected from among all remaining eligible entries received for the drawing.
Odds of winning a prize will depend upon the total number of eligible entries received.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”)
Prizes (50): Each Prize is a Little HUG Racing “swag” bag consisting of one (1) Little HUG Racing T-shirt; one (1) Little HUG Racing hat; and one (1) hero card autographed by Ricky Stenhouse Jr.
ARV of each Prize: $60. (ARV does not reflect re-sale value of autographed hero card.)
Prize will only be shipped to a street address in the fifty (50) United States or Washington, DC.
No prize substitutions or cash redemptions allowed, except at the sole discretion of Sponsor who reserves the right to substitute a prize or any element of a prize for a prize or element of equal or greater value if prize/element as stated is unavailable for any reason. Prize is not transferable. Prize components of Little HUG Racing swag bag may differ from depictions of same in advertising and Sponsor and Administrator disclaim any and all liability in conjunction therewith.
All federal, state and local tax liabilities, if any, are the sole responsibility of the prize winners. In no event will more than the stated number of prizes be awarded.
Prize must be accepted as is. No portion of prize may be sold, bartered or exchanged by prize winner. Prizes will be awarded without any warranty from Sponsor of any kind.
Acceptance of Prize constitutes permission for the Sponsor and its designees to use winner’s name and/or likeness for purposes of advertising and trade in connection with the Sweepstakes or Sponsor’s products without further compensation, including on a winners list, unless prohibited by law.
Any costs associated with Prize receipt and/or use that are not expressly stated above are the sole responsibility of the Prize Winner.
Limit one Prize per person/family/Instagram, Facebook or Twitter account-holder.
Total ARV of all prizes: $3,000
6 . GENERAL CONDITIONS. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or Twitter. If, for any reason beyond the Sponsor's control the Promotion is not capable of running as planned (e.g., natural disaster, riot, strike, unauthorized human intervention), Sponsor may, in its sole discretion, void any suspect entries and modify and/or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules (or, if deemed to be appropriate in Sponsor's sole discretion, Sponsor may terminate the Promotion altogether). In such event, Sponsor may select potential prize winners and make prizes available by some other means deemed by Sponsor in its sole discretion to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted on ( https://facebook.com/LittleHugFruitBarrels/ . Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of this Promotion or to be acting in violation of these Official Rules or in a disruptive or unsportsmanlike manner or with the intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law (as well as disqualifying such individual, if appropriate). Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Promotion, except as expressly set forth in these Official Rules. These Official Rules may not be published elsewhere without the express written consent of Sponsor, which may be withheld for any reason.
7. PUBLICITY. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION AND ACCEPTANCE OF PRIZE IN THE PROMOTION CONSTITUTES EACH WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENTS, SUBSIDIARIES, AFFILIATES, FRANCHISEES, ADVERTISING AND PROMOTION AGENCIES, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
8. RELEASE AND LIMITATIONS OF LIABILITY. By participating in this Promotion, entrants agree to release and hold harmless Sponsor, Administrator, Roush-Fenway Racing (and Mr. Ricky Stenhouse Jr., personally), Instagram, Facebook, Twitter, and each of their respective marketing agencies, and their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional and prize fulfillment agencies, and each of their respective officers, directors, employees, shareholders, representatives, successors, assigns and agents (“Released Parties”), from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of any prize.
The Released Parties are not responsible for, and entrant hereby releases Sponsor and its agencies (including Administrator) from any claims or causes of action arising from: (1) incorrect or inaccurate transcription of entry information, winner verification information, or lost, stolen, illegible, incomplete, misdirected entries or entries received through impermissible, unauthorized or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of website, phone or any other service (including but not limited to filtering by or other operation of the functionality of Instagram, Facebook or Twitter); (4) unauthorized human intervention in any part of the entry process or the Promotion and/or incomplete, inaccurate or incomplete information being displayed on Instagram, Facebook or Twitter, whether due to unauthorized human intervention, equipment failure/malfunction or other cause; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (6) any injury or damage to persons or property, including but not limited to entrant’s computer, mobile device (or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by entrant’s participation in the Promotion or from downloading any material from Sponsor's or related web site(s), regardless of whether the material was prepared by Sponsor, Administrator, or a third party, and regardless of whether the material is connected to a Sponsor's or any agency’s web site by a hypertext link. Proof of submitting entries (i.e., posting of comments or photos Instagram, Facebook or Twitter with required hashtag) will not be deemed to be proof of receipt by Sponsor.
BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTES. To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, exclusively in the state or federal courts in the County of New York, the State of New York and entrant consents to the personal and exclusive jurisdiction of said courts and expressly waives any right of change of venue, forum non conveniens or any like right; (2) any and all claims, judgments and awards 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 (3) under no circumstances will entrant be permitted to obtain awards 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 any and all rights to have damages multiplied or otherwise increased. Subject to applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of the entrants and Sponsor in connection with the Promotion and/or any such dispute/claim/cause of action shall be governed by and construed in accordance with the laws of the State of New York with the sole exception of New York law governing choice of law/conflict of laws.
10. PRIVACY. Sponsor and its agencies collect personal information from you when you participate in the Promotion. The information collected is subject to the Sponsor's Privacy Notice at http://www.littlehug.com/privacy-policy/
11. WINNERS’ LIST: For first name, last initial and state of Prize winners, send an email with Subject Line: Little Hug Big Race Sweepstakes to WinnersList@berlinproductions.com . Requests must be received by 5:00:00 p.m. ET, June 30, 2017.
SPONSORED BY: American Beverage Corporation, One Daily Way, Verona, PA 15147
© 2017 American Beverage Corporation. All logos and trademarks used herein are trademarks of their respective owners in the United States and/or other countries. All rights reserved.