FLOW + PALOMA ELSESSER DONATION
NO PURCHASE NECESSARY TO ENTER THIS DONATION. VOID WHERE PROHIBITED. MUST BE OF THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE TO ENTER.
1. Sponsor. Flow + Paloma Elsesser Donation (“Donation”) is sponsored by Flow Beverages Inc., 33 Lakeview Crt., Verona, Virginia, 24482 (the “Sponsor”).
2. Eligibility. Participation in the Donation is open to legal residents of the United States who have reached the age of majority in their state of residence at the time of entry, with the exception of employees (and 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, Donation’s administrators, and any other parties engaged in the development, production or distribution of Donation materials, and those living in the same household. By participating in this Donation, participants acknowledge compliance with, and agree to be bound by, these Official Rules. Participants 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. Donation begins on May 25, 2021 at 12:00 a.m. EST (“Start Date”) and ends on the earlier of September 15, 2021 at 11:59 p.m. EST or when Sponsor has donated 4,788 packs of Flow water (such packs to be determined by Sponsor in its sole discretion) (“End Date”) (together the “Donation Period”) after which time the Donation will be closed.
4. How to Participate. In order to take part in this Donation, participants must, during the Donation Period, do the following:
- Text PALOMA to 1 (769) 553-8756; and
- Agree to receive marketing communications from Sponsor via text message*.
*Participants can opt out of the marketing communications at any time by notifying Sponsor.
Standard data fees may apply. There is a limit of one (1) text message per person. Multiple participants are not permitted to share the same phone number. Anyone found to be using multiple phone numbers to participate in the Donation will be deemed ineligible. In the event of a dispute, the authorized account holder of the phone number specified will be deemed to be the participant. The authorized account holder of a phone number is the natural person who is assigned to the phone number by their provider. Any personal information submitted will be used for the purposes of the Donation administration.
Participants grant Sponsor a non-exclusive licence to use all text messages/entries for any purpose. Participants permit Sponsor to send the participants marketing communications via text message. Participants can opt out of the marketing communications at any time by notifying Sponsor.
5. Donation. For every eligible text message, Sponsor will donate 1 pack of Flow water (up to 4,788 packs – such packs to be determined by Sponsor in its sole discretion) to the community of Flint Michigan. Donations will go through the Food Bank of Eastern Michigan for distribution.
The Donations will be made as stated above and at Sponsor’s discretion. The Donations have no cash value. Sponsor reserves the right to substitute an alternate Donation of equal or greater value. Entries/text messages that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor.
6. Release and Indemnification. Participants release, discharge and hold harmless Sponsor, its 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 Donation (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, 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 Donation 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 participant with any aspect of the Donation, or any other liability that participants, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of a participant’s involvement in the Donation and/or in connection with the use of entries/text messages by Sponsor.
Sponsor is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Donation, 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) injury or damage to participants’ phones or to any other individual’s phone related to or resulting from participating in, or downloading any material regarding the Donation; or (iv) the security or privacy of information transmitted via phone lines or phone networks or for breach of privacy due to interference by third-party hackers or otherwise.
7. Publicity and Participant Information. All submissions become property of Sponsor. Sponsor reserves the right to use any and all information related to the Donations, including submissions provided by participants, for editorial, marketing and any other purpose, without further compensation or notice, unless prohibited by law. Each participant grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness for administration of the Donation, advertising, trade and promotional purposes in any and all media now known or hereafter discovered, worldwide, in perpetuity, without compensation, notification or permission.
If participants have also consented to the use of their personal information for marketing and promotional purposes, participants agree that the Sponsor may send them offers, promotions and information about its products and services. Sponsor may communicate with participants through various channels, including via text, email or social media using the contact information participants have provided. Participants may withdraw their consent at any time.
9. Law. The Donation is void where prohibited by law and is subject to all applicable USA federal, provincial, territorial, municipal and local laws. This Donation 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 participants 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.
10. Amendments. Sponsor reserves the right, in its sole discretion, to amend or modify these Official Rules, or modify, cancel or suspend this Donation, 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 Donation.
11. 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 Beverages Inc. 2021 All Rights Reserved.