1. SWEEPSTAKES DESCRIPTION. The Universal Parks & Resorts Sweepstakes (the “Sweepstakes”) entry period begins Friday, October 1, 2021 at 12:00:01 a.m. Pacific Time (“PT”) and ends Thursday, November 25, 2021 at 11:59:59 p.m. PT (the “Sweepstakes Period”). The Sweepstakes will consist of one (1) drawing to award one (1) prize. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Niagara Bottling, LLC, 1440 S Bridgegate Dr. Diamond Bar, California, 91765 (“Sponsor”), and/or COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 www.cfapromo.com (the “Administrator”), and/or The Woo Agency (“Agency”) whose decisions shall be final and legally binding in all respects.
2. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, who are at least eighteen (18) years of age or at least the legal age of majority in the state in which they reside at the time of entry (the “Entrant”). To check your nearest retail store location selling Niagara Water visit www.WaterNotHype.com. Employees, officers, and directors of Sponsor, Administrator, Agency, Sweepstakes Prize suppliers, Universal Parks & Resorts, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their Advertising and Sweepstakes agencies, and any and all other companies associated with the Sweepstakes agents (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or people living in the same household are not eligible to enter or win. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Sponsor’s database clock will be the timekeeper for the Sweepstakes.
3. HOW TO ENTER: You may enter this Sweepstakes on the Sponsor’s Sweepstakes page. All entries must be made online at https://www.refreshinglyfun.com during the Sweepstakes Period. Complete all required fields on the registration form which may include your full name, street address, valid Email and Zip Code. Complete the entry by agreeing to the Official Rules and submit.
Limit: One (1) entry per person per day. Entries in excess of any stated limitation, and entries generated by script, macro or other automated means, or any means that subverts the entry process, will be void. Any attempted form of entry other than as described herein including the use of multiple Email addresses by the same person, is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry, and reserves the right to reject any submissions that it deems, in its sole discretion, to violate any of Sponsor’s policies, standards, or practices. All materials and entries submitted become the property of the Sponsor and will not be returned or acknowledged.
WARNING: ANY ENTRANT THAT UTILIZES OR CREATES MULTIPLE EMAIL ACCOUNTS OR EMAIL ADDRESSES OR MULTIPLE EMAILS FROM ONE IP ADDRESS TO BOOST THEIR NUMBER OF ENTRIES WILL BE DISQUALIFIED EVEN IF AN ANNOUNCEMENT OF THE ENTRY WINNING HAS BEEN PUBLISHED. Automated methods of entry and entry by proxy are also prohibited.
In case of a dispute over the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. All entry materials submitted become the property of the Sponsor and will not be returned or acknowledged.
Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures destroy the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and to award the Prizes based on eligible entries received prior to the cancellation.
Sponsor is not responsible for problems downloading or uploading of any Sweepstakes-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in the Sweepstakes.
4. RANDOM DRAWING DATE / WINNER NOTIFICATION:
A random drawing will be conducted by the Administrator on or about Monday, December 6, 2021 from all eligible entries received during the Sweepstakes Period.
Winner Notification: Potential winner will be contacted via email by the Sponsor. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within two (2) calendar days of the first notification attempt, or if the prize notification or Prize is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her Prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. The alternate potential prize winner will be selected by random drawing of the remaining entries. The potential prize winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
5. GENERAL PRIZE RESTRICTIONS/CONDITIONS: By entering, each Entrant agrees on behalf of itself and each of Entrant’s heirs, executors, and administrators (A) TO RELEASE AND HOLD HARMLESS SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INSURERS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such Entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
All portions of the Prize(s) are non-assignable and non-transferable. Any Prize(s) pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the Prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.
6. PRIZE/ODDS OF WINNING: Only the Prize listed below will be awarded in this Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
One (1) Grand Prize: WINNER’S CHOICE: Vacation for four (4) to either Universal Orlando Resort or Universal Studios Hollywood (Winner’s choice). Prize Includes the following:
Approximate retail value of this prize package trip to Orlando is $4,103.92 and the trip to Hollywood is $4,955. Winner may select either travel prize.
The potential winner will be required to sign (a) an Affidavit of Eligibility, (b) an Agreement of Publicity (granting Sponsor the right to use the name and image of the Winner for advertising and promotion purposes), (c) a liability release, and (d) a form W9, Taxpayer Request for Identification, and return each of the properly executed documents to the Sponsor or designated representative within seven (7) calendar days of attempted notification as a condition of awarding the prize. A potential winner who satisfies all of the Sweepstakes requirements, including without limitation, those set forth in this paragraph, will be designated the official winner (the “Winner”). Winner’s travel companions may (at the Sponsor’s sole discretion) be required to sign travel and liability release form.
The ARV for travel prizes is an estimate made before the Sweepstakes begins. The Winner will not receive the difference between the actual and approximate retail value of the prize. Sponsor and or Administrator will not replace any lost, mutilated, or stolen prizes, tickets or passes. Sponsor reserves the right to substitute a particular prize for one of comparable or greater value.
Winners are responsible for any and all applicable local, state, and/or federal taxes and fees arising from any prize award.
DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the potential winner by random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.
7. LIABILITY WAIVER: The Released Parties are not responsible for, and Entrant hereby releases the Released Parties from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes and (vi) use of any prize.
8. GOVERNING LAW; LIMITATION OF LIABILITY: Except where prohibited, Entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (2) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the state of California, without giving effect to any choice of law or conflict of law rules (whether of state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than state of California. Any litigation arising out of or in any way related to this Agreement shall be venued in San Bernardino County, California.
9. ARBITRATION PROVISION: By participating in this Sweepstakes, Entrant agrees that any and all controversies, claims, counterclaims or other disputes. Entrant may have with, or claims Entrant may have against the Sweepstakes Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any Prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Official Rules including, but not limited to, a claim that all or any part of these Official Rules is void or voidable.
If Entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude Entrant from seeking action by federal, state, or local government agencies. Entrant and Sponsor also have the right to bring qualifying claims in small claims court. In addition, Entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Official Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Official Rules.
Neither Entrant nor Sponsor may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Entrant and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Notwithstanding anything to the contrary herein, the arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief (which may include public injunctive relief), as if the action were brought in court on an individual basis.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. No waiver of any provision of this Section of these Official Rules will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Official Rules. This Section of these Official Rules will survive the termination of your relationship with Sponsor.
10. WINNER’S LIST: For the name of the Winner (available after 12/6/21), or a copy of these Official Rules, send a self-addressed stamped envelope to Niagara Universal Parks & Resorts Sweepstakes Winners, C/O The Woo agency, 9601 Jefferson Blvd, Suite A, Culver City, CA 90232. Requests must be received by 12/20/21. Please specify “winners list” or “Official Rules” and the name of the Sweepstakes in your request.
©Niagara Bottling, LLC All rights reserved.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize and is not intended to suggest any affiliation or sponsorship.