Terms & Conditions $500 Visa Gift Card Giveaway
1. WHO CAN ENTER
1.1 Open to legal residents of the United States of America who are eighteen (18) years and older at the time of entry, have lawful access to the method of entry set forth in these rules and agree to these Official Rules. Employees of Brio Water Technology, Inc., their affiliated companies, advertising and promotion agencies, and the immediate family and household members of each are ineligible. The term “immediate family members” includes spouses, parents and stepparents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. Participation constitutes entrant’s full and unconditional agreement to these Giveaway Rules and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. HOW TO ENTER
2.1 No purchase is necessary to enter or win. Void where prohibited. A purchase or payment will not increase an entrant’s chances of winning. All federal, state, and local regulations apply. Only one (1) entry per e-mail address, per person per day, regardless of how many email addresses a person may have or use. The Giveaway begins Monday, October 23, 2023 6:00am PST and all entries must be received Thursday, November 30, 2023 12:00am PST (the “Giveaway Period”). Brio Water Technology, Inc.’s, (the “Sponsor”) computer is the official time keeping device for this Giveaway. An individual, household, and/or immediate family may win only one (1) time during this Giveaway Period.
2.2 Sponsor is not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry, winner(s) or other giveaway information by Sponsor or entrants for any reason whatsoever. Sponsor is also not responsible for any injury or damage to any entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in the giveaway or for entries that are late, misdirected or incomplete. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. All entry materials may be maintained as part of Sponsor’s Giveaway records. Sponsor reserves the right to cancel or modify the Giveaway if it becomes technically or otherwise corrupted. Any attempt by any participant to submit more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
3. LIMITATION OF LIABILITY
3.1 By participating in this Giveaway, entrants agree that Sponsor and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering or hacking or by any of the equipment or programming associated with or utilized in the Giveaway and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Giveaway-related website. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Giveaway and/or accepting or using the prize. The Released Parties will not be responsible or liable for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole discretion, be disqualified.
3.2 If, for any reason, the Giveaway is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway and/or aspects of the Giveaway, including but not limited to: the selection of winners in a manner it deems fair and reasonable, including but not limited to the selection of the winners from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. This Giveaway is subject to all federal, state and local laws and regulations.
3.4 By entering the Giveaway, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Giveaway; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including but not limited to reasonable outside attorneys’ fees) that may arise in connection with: (a) the Giveaway, including but not limited to any Giveaway-related activity or element thereof, and the entrant’s registration, participation or inability to participate in the Giveaway, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Giveaway materials, (d) acceptance, receipt, delivery of, possession, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to: by reason of any acts of G-d, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Giveaway, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any registration (including but not limited to the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Giveaway, any Giveaway-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Giveaway and/or its contents related to or resulting from any part of the Giveaway, (l) any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof) or (p) the negligence or willful misconduct by entrant.
3.5 Without limiting the foregoing, everything regarding this Giveaway, including but not limited to the prize components, 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 exclusions 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.
3.6 DISPUTES: THIS GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
4. THE PRIZE
4.1 The winner will each receive one (1) Visa Gift Card (the “Giveaway”). The approximate retail value of the prize is Five Hundred Dollars ($500.00).
4.2 The winner will be notified by e-mail and/or phone on or about 12/1/2023, and may be awarded the prize, subject to verification of eligibility and compliance with these Giveaway Rules. The winner must respond to prize notification within 14 days, and the winner will be required to complete, sign and return a Certification of Eligibility and Release and claim the prize in the manner and within the time period communicated by Sponsor or they will be disqualified and will have forfeited the prize. If the winner cannot be reached, does not respond to prize notification, or does not return the signed and completed Certification of Eligibility and Release and claim the prize within the designated time period given by Sponsor, no prize will be awarded to the selected winner. The Sponsor may, in its sole discretion, select an alternate winner in compliance with these Giveaway Rules.
4.3 The Prize cannot be redeemed for cash or substituted for any other items by the winner. The winner cannot assign or transfer prize. Sponsor reserves the right to substitute a prize of like or greater value, including cash, for any prize, for any reason.
4.4 The winner is responsible for all local, county, state, and federal taxes on prizes based on the value of the prize set forth in these rules.
4.5 Only one prize will be awarded per household. Individuals are eligible to win only one prize within any 60-day period, regardless of the number of giveaways entered.
5. ODDS OF WINNING MISCELLANEOUS
5.1 Odds of winning depend on the number of correct entries received.
5.2 Except where prohibited by law, entry constitutes permission to use winners’ names, hometowns, likenesses, and photographs for broadcast, online posting, and/or any in any other media, including for advertising and publicity purposes, without additional compensation.
5.3 For name of prize winner, send a separate, self-addressed, stamped envelope no later than one year following the end of the entry period, to: Brio Water Technology Inc., 768 Turnbull Canyon Road, City of Industry, CA 91745.
5.4 This Giveaway is subject to all applicable laws and regulations and is void where prohibited or restricted by law, including without limitation, in jurisdictions requiring registration, filing, trust account, or posting of a bond, or any other requirements or disclosures that are not expressly satisfied by these rules. Sponsor is not responsible for typographical or other errors in the printing, offering, or administration of the Giveaway, or in the announcement of the prize. In the event of a dispute over who submitted a particular entry, Sponsor will determine the entrant’s identity or select an alternate winner, in its sole discretion.
5.6 All prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor is not responsible for damage during shipping (if any), prize utility, quality or otherwise. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.
6.2 By participating in the Giveaway and/or accepting the prize, each entrant agrees to allow Sponsor and any Sponsor’s designee the perpetual right to use his or her name, social media name and/or handle, biographical information, photos and/or likeness and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
7. NATURE OF RELATIONSHIP/WAICER OF EQUITABLE RELIEF
7.1 Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s entry to Sponsor for purposes of the Giveaway does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s entry. Each entrant understands and acknowledges that the Sponsor has wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or photos may be competitive with, similar or identical to the entry and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any entry or other material submitted in connection with the Giveaway, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
8. NO OBLIGATION TO USE/FURTHER DOCUMENTATION
8.1 Sponsor has no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof. If Sponsor desires to secure additional assignments, certificates of engagement for the entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
9.1 Any attempted form of participation in this Giveaway other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an entrant has registered or attempted to enter the Giveaway in excess of the stated limits using multiple identities or like methods, all of that entrant’s entries will be declared null and void, and that entrant will be ineligible to win the prize. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Giveaway, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Giveaway. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s interpretation of these Official Rules is final and binding in all matters related to the Giveaway. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All registrations and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Giveaway details contained in these Official Rules and Giveaway details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging, and other promotional media), the details of the Giveaway as set forth in these Official Rules shall prevail.
9.2 Participation constitutes 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 Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor.