Perrier® Proud Giveaway Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Perrier Pride Giveaway ("Sweepstakes") is only open to legal residents of, and residing in, the fifty (50) United States and the District of Columbia who are at least 18 years of age at the time of entry. Void where prohibited. Employees of Nestle Waters North America Inc. ("Sponsor"), its parent, subsidiaries and affiliate companies and advertising and promotion agencies, as well as the immediate family (e.g., spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to enter. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes an entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
2. SWEEPSTAKES OVERVIEW AND PERIOD: The Sweepstakes will consist of four (4) separate and distinct components: (i) Creative Instagram Post Drawing and (ii) three (3) Influencer Comment and Tag Drawings (separately referred to herein as "Drawing" or collectively as "Drawings"). The Sweepstakes starts at 12:01AM Eastern Time (ET) on June 16, 2020 and ends at 11:59 PM ET on June 24, 2020 (the "Sweepstakes Period").
3. HOW TO ENTER: During the Sweepstakes Period, to enter the Creative Post Drawing, visit @PerrierUSA’s Profile page on Instagram, find the Sweepstakes post, then follow the prompts in the Sweepstakes post on Instagram to create a post and share it on Instagram and tag @PerrierUSA and include #PerrierProudGiveaway ("Creative Post Entry") and/or to enter one or more of the Influencer Comment and Tag Drawings: Visit one or more of the following influencer’s Profile Pages on Instagram: @theangelinos, @keenanblogger, @feralcreature; find the Sweepstakes post then comment and tag a friend with #PerrierProudGiveaway in the comments of the post ("Comment and Tag Entry"). Creative Entries and Comment and Tag Entries may be referred to herein individually and collectively as "Entry" and "Entries" respectively. Your Instagram account must be set to "public" in order for your Creative Entry to be eligible. You can return your account to "private" any time after the winners have been announced.
Limit of one (1) Entry per person per Drawing for the entire Sweepstake Period. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Entries in excess of the stated entry limit will be void. You may not enter more times than indicated by using multiple accounts in an attempt to circumvent the entry limitation. If you use fraudulent methods or otherwise attempt to circumvent these Official Rules, your Entry may be void. Entries become the sole property of Sponsor and will not be acknowledged. If you do not have an Instagram account, establishing an account is free. All Instagram terms apply.
4. PROHIBITED CONTENT: Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive;
- is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- is profane or pornographic;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing, or otherwise promotes any activities that may appear unsafe or dangerous;
- promotes any particular political agenda or message;
- is obscene or offensive, or endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies;
- contains copyrighted or trademarked materials owned by others, without the entrant having obtained permission, to the extent permission is necessary;
- appears to duplicate any other submitted Entry;
- contains materials embodying the names, likenesses, voices, personal information or other indicia identifying any person (living or dead), without permission, to the extent permission is necessary; and/or
- violates any law.
Entry must be entrant’s own work product, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on Sponsor’s social media accounts and/or other Sponsor websites and otherwise used in accordance with rights granted below.
By submitting an Entry, entrant represents and warrants that the Entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify the Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
5. USE OF ENTRIES/PUBLICITY GRANT: All entrants hereby grant to Sponsor, its designees, successors, assigns and licensees a nonexclusive license to reproduce, distribute, display, perform, edit, modify, adapt, create derivative works based upon, or otherwise exploit the Entry and all elements embodied therein, along with entrant’s name, user name, biographical information, likeness, image and/or photograph (including, but not limited to, profile photo), in whole or in part, in any manner or media now known or hereafter devised throughout the world in perpetuity for advertising, promotional and other purposes, without further compensation, notification or permission. The entrants agree that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein.
6. DRAWINGS: On or about June 24, 2020, twenty-five (25) potential winners will be selected by a random drawing from all eligible Creative Post Entries received during the Sweepstakes Period and five (5) potential winners will be selected by random drawing for each Influencer Comment and Tag Drawings from among all eligible Influencer Comment and Tag Entries received for the applicable Drawing. The odds of winning depend on the number of eligible Entries received for the applicable Drawing. Nonwinning Entries from one Drawing will not be included in any other drawing. A potential winner will be notified by direct message or comment in winning post. Potential winners will be asked to send a private message/direct message back to Perrier® via Instagram containing their e-mail and physical address to confirm their winner status and officially accept the prize. Once received, Sponsor will send a reply via the Perrier Instagram account to the potential winner confirming their winner status and will fulfill the prize after confirmation. Prize will be mailed within two (2) weeks of winner verification. Any potential winner who does not send a message within 72 hours of initial notification and/or who is otherwise not in compliance with these Official Rules may forfeit his/her prize. A potential winner will only be notified one (1) time. Only one (1) alternate winner will be selected from among all remaining eligible Entries received for the Drawing at issue after which the prize shall remain unawarded.
7. PRIZE AND APPROXIMATE RETAIL VALUES ("ARV") (40) (25 Creative Post Drawing Prizes and 15 Influencer Comment and Tag Drawings Prizes (5 per Drawing)): A Perrier Pride Kit which includes a Pride themed mocktail kit with limited edition Pride themed Perrier (ARV: $135). Total ARV of Creative Post Prizes: $3,375. Total ARV of each Influencer Comment and Tag Drawing Prizes: $675. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign, sell, or transfer prize, in whole or in part. Sponsor reserves the right, at its sole discretion, to substitute a prize of comparable or greater value. Prizes are not redeemable for cash. Winners are responsible for federal, state and local taxes as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.
8. PUBLICITY GRANT: Except where legally prohibited, by acceptance of a prize, each winner grants permission for Sponsor and its designees to use his/her name, user name, address (city and state), photograph (including, but not limited to, profile photo), voice and/or other likeness and prize information for advertising, trade and promotional purposes, in all media now known or hereafter discovered, in any manner, worldwide in perpetuity, without notice, review, approval or compensation.
9. RELEASE AND INDEMNIFICATION: By entering the Sweepstakes, each entrant, on behalf of himself/herself, and his/her executors and heirs, agrees: (1) to be bound and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and not open to appeal; (2) to release, indemnify, defend and hold harmless Sponsor, Facebook Inc., and its and their parents, subsidiaries, affiliates, members, shareholders, agents, representatives, employees, suppliers, agencies, successors, assigns, licensors, advertising or promotional agencies and any prize-sponsoring agency (collectively, "Released Parties"), from any and all liability whatsoever in connection with or related to this Sweepstakes, including, without limitation, from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrants' privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Sweepstakes), cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY; (3) on behalf of himself/herself, and his/her executors and heirs that he/she has no right to bring, and covenants not to bring, any claim, action, or proceeding of any kind or nature whatsoever against the Released Parties; (4) to assume all risks, express or implied, associated with all Claims released above, including without limitation, all risks concerning entry into and participation in the Sweepstakes; and (5) that NEITHER SPONSOR NOR ANY OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, RELATIVE TO THIS SWEEPSTAKES OR A PRIZE, INCLUDING BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED TO ENTRANTS ON AN "AS IS" BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY PROMOTIONS MATERIALS OF ANY PRIZE.
10. GENERAL CONDITIONS: Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes, or any component thereof, if it cannot be run as originally planned, including by reason of tampering, unauthorized intervention or fraud; infection by computer virus; malicious software attacks, bugs or other problems; negative publicity or media attention; technical failures; or force majeure or other causes which impair the integrity or corrupt the administration or security of the Sweepstakes. Notice of such suspension, modification, or cancellation will be posted on the Perrier® USA Instagram account. In such event, the applicable Drawing(s) shall be conducted from among all non-suspect, eligible Entries received for such Drawing(s), if any, prior to such suspension, modification or cancellation or as otherwise deemed fair and appropriate by Sponsor. The Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process and void all associated Entries. If for any reason an entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, typographical, printing errors, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) other errors or problems of any kind relating to or in connection with the Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, but not limited to, errors or problems which may occur in the administration of the Sweepstakes or the processing of Entries, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, misdirected, inaccurate, incomplete, misdirected, delayed, damaged, garbled or stolen Entries comments, posts, email, direct messages, replies, or mail, other communications; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of the prize.
11. GOVERNING LAW/ARBITRATION: The Sweepstakes and these Official Rules are governed by the laws of the State of Connecticut, without regard to its conflicts of law rules. As a condition of participating in this Sweepstakes, participants agree that any dispute or cause of action relating in any way to these Official Rules or the Sweepstakes shall be submitted to confidential arbitration in Stamford, Connecticut. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration by any party under these Official Rules shall be joined to an arbitration involving any other party subject to these Official Rules, whether through class arbitration proceedings or otherwise. In no event shall the arbitrator be entitled to award exemplary, treble or any other form of punitive damages, regardless of the claims raised.
13. WINNER’S LIST/ COPY OF OFFICIAL RULES: For a list of the winners, send a stamped, self-addressed #10 envelope to Perrier Pride Giveaway c/o Nestle Waters North America Inc., 900 Long Ridge Road, Building 2, Stamford, CT 06902. Requests for the list must be postmarked by July 20, 2020.
14. SPONSOR: Nestle Waters North America Inc., 900 Long Ridge Road, Building 2, Stamford, CT 06902.
©2020 NESTLE WATERS NORTH AMERICA INC.