FLOW + NYRR #GETOUTTOPLOG SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED. MUST BE OF THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE TO ENTER.
1. Sponsor. The Flow + NYRR #GetOutToPlog Sweepstake (“Sweepstakes”) is sponsored by Flow Beverages Inc., 33 Lakeview Crt., Verona, Virginia, 24482 (the “Sponsor”).
2. Eligibility. Sweepstakes is open to legal residents of the United States (excluding Alaska and Hawaii), who have reached the age of majority in their state of residence at the time of entry, with the exception of (i) employees (immediate family members and/or those with whom such employees are domiciled) of Sponsor, its parent, related and affiliated companies, subsidiaries, departments or agencies, franchisees, suppliers, advertising and promotional agencies, (ii) Sweepstakes’ administrators, (iii) employees (immediate family members and/or those with whom such employees are domiciled) of New York Road Runners Inc. (“NYRR”) its parent, related and affiliated companies, subsidiaries, departments or agencies, franchisees, suppliers, advertising and promotional agencies, and (iv) any other parties engaged in the development, production or distribution of Sweepstakes materials, and those living in the same household. By participating in this Sweepstakes, entrants acknowledge compliance with, and agree to be bound by, these Official Rules. Entrants who do not comply with any of the Official Rules are subject to disqualification by Sponsor, in Sponsor’s sole discretion.
3. Dates and Times. Sweepstakes begins on April 20, 2022 at 2:00 p.m. EST (“Start Date”) and ends on April 29, 2022 at 5:00 p.m. EST (“End Date”) (together the “Sweepstakes Period”) after which time the Sweepstakes will be closed and no further entries will be accepted.
4. How to Enter. In order to take part in this Sweepstakes, entrants must, during the Sweepstakes Period, do both of the following:
- Follow @flow on Instagram;
- Follow @nyrr on Instagram; and
- Post a photo on Instagram using the hashtag #GetOutToPlog and tag @flow and @nyrr.
Only the submissions that meets the requirements outlined above will be eligible to enter the Sweepstakes (each an "Eligible Entry"). For this Sweepstakes, receipt of an Eligible Entry occurs when Sponsor’s server records the entry information.
If you choose to enter the Sweepstakes using a mobile phone, standard data fees may apply. There is a limit of one (1) Eligible Entry per person. Multiple participants are not permitted to share the same Instagram account. Anyone found to be using multiple Instagram accounts to enter the Sweepstakes or found to be making multiple Eligible Entries to the Sweepstakes will be deemed ineligible and all their Eligible Entries will be void. In the event of a dispute, the authorized account holder of the Instagram account specified will be deemed to be the entrant. The authorized account holder of an Instagram account is the natural person who is assigned to the Instagram account by their email provider. Each potential winner may be required to show proof of being the authorized account holder associated with an Eligible Entry. Any personal information submitted will be used for the purposes of Sweepstakes administration.
Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Sweepstakes, or any other methods not authorized by these Official Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning the Prizes (as defined below in Section 5). Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Official Rules are void. Entrants grant Sponsor a non-exclusive licence to use all entries for any purpose. No correspondence will be entered into except with Selected Entrant (defined hereafter). Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.
5. Prize. There are five (5) prizes available to be won, which include the following:
- Five (5) cases of 12x500ml Original Flow Alkaline Spring Water per Prize (approximate retail value per Prize of $110 USD).
Approximate retail value of the five (5) Prizes is collectively $550 USD. Actual/appraised value may differ at time of award. The Selected Entrants assumes any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Sweepstakes or use or redemption of the Prize (or any portion thereof). The Prizes must be accepted as awarded and have no cash value. The Prizes cannot be combined with other discounts, promotions or special offers. Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised portion of the Prizes are unavailable at the time of award. The Prizes are non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, provincial/territorial and/or local taxes, shall be the sole responsibility of the winner. The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win the Prizes. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor.
6. Odds of Winning. The odds of winning depend on the number of eligible entries received before the End Date.
7. Winner Selection and Confirmation. On April 30, 2022 (the “Draw Date”) Sponsor, or an employee, agent or other representative of Sponsor, will conduct a random draw from all eligible entries received before the End Date and select the potential winners (each a “Selected Entrant”, collectively the “Selected Entrants”). The Selected Entrant will be deemed the winner if he/she meet all of the eligibility criteria set out in these Official Rules. If the Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive the Prize and another entrant will be selected by way of a random draw from the remaining eligible entries. Before being declared a winner, the Selected Entrant will be required to: (i) sign and return Sponsor’s Declaration of Eligibility and Liability/Publicity Release form (the “Winner Release”); and (ii) comply with all other rules, all in the sole discretion of Sponsor.
The Selected Entrant will be notified within five (5) business day of the Draw Date and will be contacted via Instagram direct message. Sponsor shall have no liability for any Selected Entrant’s failure to receive notices due to spam, junk email or other security settings or for any Selected Entrant’s provision of incorrect or otherwise non-functioning contact information. Any Selected Entrant that does not or cannot accept their Prize may be forfeited and a new Selected Entrant shall be selected by random draw, in Sponsor’s sole discretion.
A signed copy of Sponsor’s Winner Release must be received by Sponsor no later than five (5) days following the Selected Entrant being notified by Sponsor. Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for Sponsor to receive a Selected Entrant’s response.
Disputes regarding identity of entrant: If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the individual assigned to the Instagram account entered at the time of entry (the “Authorized Account Holder”). The Selected Entrant may be required to provide proof that he/she is the Authorized Account Holder associated with a selected entry.
8. Release and Indemnification. The Selected Entrant must sign Sponsor’s Winner Release to: (i) confirm compliance with all Official Rules; (ii) agree to accept the Prize as awarded; (iii) release, discharge and hold harmless NYRR, Sponsor, and each of their respective departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Sweepstakes (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of the Prize or any travel related thereto, and the use of entries by Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier used in connection with any aspect of the Sweepstakes to perform or deliver any goods or services, any act considered to be a force majeure or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Sweepstakes or the Prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of an entrant’s participation in the Sweepstakes and/or in connection with the acceptance and/or exercise by any entrant of the Prize as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by entrants with any of the Official Rules or participation in the Sweepstakes and/or in connection with the acceptance and/or exercise by an entrant of the Prize, and the use of entries by Sponsor.
Sponsor is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Sweepstakes or be awarded the Prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries that fail to fully comply with these Official Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Winner Releases; (iv) injury or damage to entrants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Sweepstakes or accepting the Prize; (v) 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, including any related travel and the use of entries by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breach of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.
9. Other Conditions. Sponsor reserves the right to terminate or amend this Sweepstakes at any time and in any way, without prior notice to entrants. Without limiting the foregoing, if, for any reason, the Sweepstakes is not capable of running as originally planned for any reason, Sponsor reserves the right to cancel the Sweepstakes and conduct a random draw from all previously received eligible entries received by the End Date.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Official Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by the Official Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Official Rules, or for any other reason.
10. Publicity and Entrant Information. By participating in the Sweepstakes, entrants consent to the use of their name, address, email address, postal code, social media handle(s), comments, likeness and image, whether on videotape, photograph or any other means, for the administration of the Sweepstakes or any publicity carried out by Sponsor, without further notice or compensation.
If you have also consented to the use of your personal information for marketing and promotional purposes, you agree that the Sponsor may send you offers, promotions and information about its products and services. Sponsor may communicate with you through various channels, including email or social media using the contact information you have provided. We will respect your preferences otherwise recorded with us. You may withdraw your consent at any time.
11. Intellectual Property. All submissions become property of Sponsor. Sponsor reserves the right to use any and all information related to the Sweepstakes, including submissions provided by entrants, for editorial, marketing and any other purpose, without further compensation or notice, unless prohibited by law. Each entrant grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness for advertising, trade and promotional purposes in any and all media now known or hereafter discovered, worldwide, in perpetuity, without compensation, notification or permission.
13. Law. The Sweepstakes is void where prohibited by law and is subject to all applicable USA federal, provincial, territorial, municipal and local laws. This Sweepstakes shall be governed exclusively by the laws of the State of New York, including all issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the of the State of New York.
14. Rule Amendments. Sponsor reserves the right, in its sole discretion, to amend or modify these Official Rules, or modify, cancel or suspend this Sweepstakes, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Sweepstakes.
15. Intellectual Property. All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by Sponsor. All rights reserved. Unauthorized copying or use of any of Sponsor’s intellectual property without the express written consent of Sponsor is strictly prohibited.
© Flow Water Inc. / Flow Beverages Inc. 2022 All Rights Reserved.