GoPuff Sweepstakes Rules
FOOTBALL SESH
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO ELIGIBLE RESIDENTS OF THE STATES OF [C] WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 21 YEARS OLD. VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
SPONSOR. XED Beverage Co. (“Sponsor”).
ELIGIBILITY.
The XED Beverage Co. (the “Sweepstakes”) is open only to individuals who at the
time of entry are (i) twenty-one (21) years of age or older (ii) a resident of
Philadelphia, PA. Void in Puerto Rico and all jurisdictions other than those stated
above and where prohibited or restricted by law. Officers, directors, employees,
representatives and agents of Sponsor and its corporate parents, subsidiaries,
affiliates, advertising and promotion agencies (Sponsor, collectively with the
foregoing, the “Sweepstakes Parties”) and members of their immediate families (i.e.
spouses, parents, children, siblings, and “steps” of each) and all those persons living
in the same household as such excluded individuals, whether or not related, are not
eligible to enter or win the Sweepstakes. All applicable federal, state, and local laws
and regulations apply.
By participating in the Sweepstakes, entrants agree to be bound by these official rules
(“Official Rules”) and by the decisions of Sponsor in all matters relating to the
Sweepstakes.
ENTRY PERIOD.
The Sweepstakes begins on Dec 13, 5pm and ends on Dec 22nd, 11:59PM (“Entry
Period”). Sponsor’s computer clock is the official timekeeping device of the
Sweepstakes.
HOW TO ENTER.
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS
NECESSARY TO PARTICIPATE.
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You may use one of two methods to enter the Sweepstakes. The first method of entry
requires you to make a Qualifying Purchase (as further described below). The second
method of entry requires an online entry as explained below under the section
entitled “Alternative Method of Entry.” There is no limit on the number of Qualifying
Purchases you may make or the number of online entries you may submit.
Entrants must be the authorized account holder of the e-mail address used to enter
the Sweepstakes. The “authorized account holder” is defined as the natural person to
whom the e-mail address is assigned by an internet service provider, online service
provider or other organization (e.g., business, educational institution, etc.) that is
responsible for assigning e-mail addresses for the domain associated with the
submitted e-mail address. In the event of a discrepancy between the identity of the
authorized account holder and the entrant provisionally selected as a winner, Sponsor
reserves the right, in its sole discretion, to determine whether the entry is valid or to
declare the entry invalid and select a substitute Winner.
Compliance with the entry requirements will be determined by Sponsor in its sole
discretion. Entries that violate, as determined by the Sponsor, in its sole discretion,
these entry requirements or do not meet the submission deadlines will be disqualified
from the Sweepstakes. In the event of any disputes relating to any entries, Sponsor
reserves the right to disqualify all entrants associated with the dispute.
Entry Method 1: Make a Qualifying Purchase on GoPuff
To participate in the Sweepstakes by making a Qualifying Purchase, you must
complete all the following steps:
Download the Gouff mobile application (iOS or Android, collectively the “App”), or
visit goPuff.com (the “Website”), register a new goPuff account or login to your
existing goPuff account, add one or more to your cart, and complete an order with
the code “SESH” (each a “Qualifying Purchase”). You will receive one entry per
Qualifying Purchase (Qualifying Purchases that contain more than one eligible product
count as a single entry). Orders including Qualifying Purchases must be completed by
the end of the Entry Period to receive entries into the Sweepstakes.
Entry Method 2: Alternative Method of Entry
To participate in the Sweepstakes without making a Qualifying Purchase, follow
@drinksesh on instagram, tag 3 friends on our most recent post, and send a direct
message via Instagram to @Gopuff, and include “[FOOTBALL SESH]” in your message].
Online entries must be received by the last day of the Entry Period (“Online Entry
Deadline”). Limit one entry per DM.
ODDS OF WINNING.
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The odds of winning depend on the number of eligible entries received.
SELECTION AND NOTIFICATION OF WINNERS
At the end of the Entry Period, [1] winner (each a “Winner”) will be randomly
selected from eligible entries received during the Entry Period. Sponsor will notify
Winners via the registered e-mail address associated with the winner’s goPuff
account, or the telephone number provided with the winning online entry, if
applicable, within forty eight (48) hours of selection.
Winners are subject to verification of eligibility, including verification of age and
residency and winning is contingent upon fulfilling all requirements of these Official
Rules.
PRIZES.
There will be [1] winner total. Each Winner will win 2 [tickets to see the Giants play
the Eagles]. The total aggregate retail value of the prize package is $[750]. Any
difference in value between the stated ARV and the actual value of the prize package
will not be awarded.
The aggregate value of all prizes awarded is approximately $[750].
Sponsor has no responsibility for lost, stolen, misplaced or mutilated prizes, or any
other occurrences beyond its control. No refund or compensation will be made in the
event of the rescheduling, cancellation, or delay of any prize events. Sponsor has no
responsibility for a Winner’s inability or failure to accept or use any part of the prize
as described herein. If the Winner is unable to use the prize during the specified time
period, the Winner forfeits the prize in its entirety and if time permits, Sponsor will
select a substitute Winner at random from among all remaining eligible entries. If a
Winner is disqualified and there is no time reasonably to select a substitute Winner,
Sponsor reserves the right not to select a substitute Winner and to retain the related
prize package. In case of prize forfeiture, no further compensation is due to Winner
from Sponsor.
The right to receive the prize cannot be transferred, assigned or redeemed for cash.
The prize is non-transferable and no cash or other prize substitution is permitted,
except at the sole discretion of the Sponsor. All prizes are subject to availability and if
the prize or component of the prize package cannot be awarded for any reason,
Sponsor reserves the right in its sole discretion to substitute a prize (or any prize
component) with one of comparable or greater retail value.
Each Winner is solely responsible for all federal, state, local, or other applicable taxes
associated with the acceptance and use of the prize. All other costs and expenses
associated with prize acceptance and use not specifically provided herein are also the
responsibility of each Winner.
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As a condition of receiving the prize, each Winner must sign and return any
documents requested by Sponsor, including but not limited to, an affidavit of
eligibility and release of liability/publicity rights. Any person traveling as guest of the
Winner must also execute a liability and publicity release and any other documents
Sponsor may require. The Winner will be issued an IRS Form 1099 in the amount of
the actual retail value of the prize and must provide Sponsor with his/her valid Social
Security Number or Taxpayer ID for tax reporting purposes. Noncompliance with this
requirement will result in disqualification of the Winner and the forfeiture of all
interest in a prize.
If a Winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii)
fails to respond to Sponsor’s first winner notification message within 48 hours of
notification or after two (2) attempts (whichever occurs first), (iii) fails to provide any
information requested by Sponsor or execute any release or affidavit of eligibility
required by Sponsor within 48 hours of receipt of initial notification regarding prize
winning, the Winner will be disqualified and forfeit the prize in its entirety and, if
time permits, Sponsor will randomly select a substitute Winner from the remaining
eligible entries. If a Winner is disqualified and there is no time reasonably to select a
substitute Winner, Sponsor reserves the right not to select a substitute Winner and to
retain the related prize package.
SPONSOR’S RIGHT TO USE WINNER’S NAME, LIKENESS, VOICE, STATEMENTS, AND
BIOGRAPHICAL INFORMATION.
Except where prohibited by law, by accepting a prize in the Sweepstakes, each
Winner grants the Sponsor and its affiliates, successors and assigns, and others that
Sponsor may designate from time to time, the unconditional right, license and
permission to use, publish, and broadcast Winner’s name, likeness, voice, statements,
and biographical information worldwide, in any manner of media whatsoever now
known or hereafter devised, in perpetuity, on a royalty-free basis, without further
compensation or approval, to administer and promote the Sweepstakes and for any
other commercial, promotional, advertising, publicity, trade, or other lawful purpose.
Each Winner agrees to promptly execute and return to Sponsor any confirmation,
license, verification or other document or instrument Sponsor requests to confirm,
further formalize or perfect the rights granted in this paragraph, or any other rights
or interests of Sponsor under these Official Rules.
LIMITATIONS OF LIABILITY OF SWEEPSTAKES PARTIES.
The Sweepstakes Parties assume no liability and are not responsible for, and by
entering the Sweepstakes you hereby waive and release the Sweepstakes Parties
from, any and all actions, claims, damages, losses or injuries of any kind (collectively,
“Claims”) arising in connection with the Sweepstakes and/or the receipt, use or
misuse of any prize, including without limitation, Claims relating to: (i) the
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malfunction of any computer, telephone, network, satellite, hardware, software or
communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or
inaccurate transmissions, Winner notifications, prize claims or other information or
communications relating to the Sweepstakes, or the failure to capture or transmit any
such information; (iv) damage to any person’s computer or mobile device; or (v) any
errors in these Official Rules, Winner notifications, or other announcements or
communications relating to the Sweepstakes. In the event of any ambiguity or error(s)
in these Official Rules, Sponsor reserves the right to clarify or modify these Official
Rules however it deems appropriate to correct any such ambiguity or error(s). If due
to an error or for any other reason, more legitimate prize claims are received than
the number of prizes stated in these Official Rules, Sponsor reserves the right to
award only the number of prizes stated in these Official Rules. In no event will more
than the stated number of prizes be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT,
TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES
IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE
MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER
REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY
LAW.
Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a
prize if, in its sole discretion, it determines that said entrant is attempting to
undermine the legitimate operation of the Sweepstakes by cheating, deception, or
other unfair playing practices (including the use of automated quick entry programs)
or intending to annoy, abuse, threaten or harass any other entrants or any
Sweepstakes Parties.
SPONSOR’S RESERVATION OF RIGHTS.
Without limitation to Sponsor’s rights to discontinue or modify the Sweepstakes for
any reason, if the Sweepstakes is not capable of running as planned for any reason,
including without limitation, due to a force majeure event or infection by computer
virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any
other causes which corrupt or affect the administration, security, fairness, integrity,
or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole
discretion, to modify, suspend, or cancel the Sweepstakes or any affected
Sweepstakes drawing. All Sweepstakes materials are subject to verification and are
void if (a) not obtained through legitimate channels in accordance with these Official
Rules, (b) any part is counterfeited, altered, illegible, reproduced, tampered with or
otherwise irregular, (c) obtained where prohibited, or (d) they contain printing,
typographical, mechanical or other errors.
GOVERNING LAW
THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH,
THE LAWS OF THE STATE OF [Delaware], WITHOUT REGARD TO ITS CONFLICTS OF LAW
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PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE RELATING TO THE
SWEEPSTAKES SHALL BE IN [WILMINGTON, DELAWARE].
PRIVACY.
Any personally identifiable information collected during an entrant’s participation in
the Sweepstakes will be collected and used by Sponsor and its designees (i) for the
administration and fulfillment of the Sweepstakes (ii) as described in these Official
Rules, and (iii) as set forth in Sponsor’s privacy policy at [drinksesh.com].
WINNERS LIST.
For the names of the Winners, please send a self-addressed, postage-stamped
envelope to [44 west 77th street ny ny 10024], Attn: [FOOTBALL SESH]. Requests
must be received within 60 days after the end of the Entry Period.
NO WAIVER/SEVERABILITY/RIGHT TO MODIFY OR DISCONTINUE SWEEPSTAKES.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a
waiver of that or any other provision. If any provision of these Official Rules is held to
be invalid or unenforceable, such provision shall be struck, and the remaining
provisions shall be enforced. Sponsor reserves the right to modify or discontinue the
Sweepstakes and update these Official Rules at any time.
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