The Flow 30 Contest Rules
THE FLOW 30
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED. MUST BE OF THE AGE OF MAJORITY IN YOUR PROVINCE, TERRITORY OR STATE OF RESIDENCE TO ENTER.
- Sponsor. The Flow 30 (“Contest”) is sponsored in Canada by Flow Water Inc., 155 Industrial Parkway South, Units 7-10, Aurora, Ontario, L4G 3V5, and in the United States by Flow Beverages Inc., 33 Lakeview Crt., Verona, Virginia, 24482 (collectively the “Sponsor”).
- Eligibility. Contest is open to legal residents of the United States and Canada, excluding Quebec, who have reached the age of majority in their province, territory or state of residence at the time of entry, with the exception of employees of the Sponsor, its parent, related and affiliated companies, subsidiaries, departments or agencies, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials, and those living in the same household. By participating in the Contest, entrants acknowledge compliance with, and agree to be bound by, these Official Contest Rules. Entrants who do not comply with any of the Official Contest Rules are subject to disqualification by the Sponsor, in the Sponsor’s sole discretion.
- Contest Dates and Times. Contest begins on January 6, 2021 at 12 am EST (“Contest Start Date”) and ends on February 4, 2021 at 11:59 pm EST (“Contest End Date”) after which time Contest will be closed and no further entries will be accepted. The Sponsor’s computer is the Contest’s official clock.
- How to Enter. You can enter by doing all of the following:
- Following the Sponsor’s page on Instagram (@Flow);
- Posting an Instagram photo of yourself with a Flow product or re-posting one of Sponsor’s “Flow30” Instagram posts to your Instagram feed. The post or re-post must include a caption with all of the following:
- the Sponsor’s Instagram handle (@flow),
- the Contest hashtag (#theFlow30); and
- language related to your Flow 30 experience (e.g., how you are feeling and/or what you are working towards in the new year).
You can gain one (1) additional entry by sharing your Instagram post or repost to your Instagram story, for a maximum of two (2) entries per person.
All entries must be complete and are subject to verification by the Sponsor, in its sole discretion. Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Contest, or any other methods not authorized by the Official Contest Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. 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 Contest Rules are void. Entrants grant the Sponsor a non-exclusive licence to use all entries for any purpose. No correspondence will be entered into except with Selected Entrants (defined hereafter). Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.
- Contest Prizes. There is a total of four (4) prizes available to be won as follows:
- Week 1 Prize: One (1) recipient shall be chosen from eligible entries submitted from January 6, 2021 at 12 am EST up to 11:59 pm EST on January 13, 2021 and shall receive the following:
- One (1) case of 12 pack x 1 Litre Original Flow. Approximate retail value: USD $27.99 / CAD $34.99.
- Week 2 Prize: One (1) recipient shall be chosen from eligible entries submitted from January 14, 2021 at 12 am EST up to 11:59 pm EST on January 20, 2021 and shall receive the following:
- Two (2) cases of 12 pack x 1 Liter Original Flow. Approximate retail value: USD $55.98 / CAD $69.98.
- Week 3 Prize: One (1) recipient shall be chosen from eligible entries submitted from January 21, 2021 at 12 am EST up to 11:59 pm EST on January 27, 2021 and shall receive the following:
- Three (3) cases of 12 pack x 1 Liter Original Flow. Approximate retail value: USD $83.97 / CAD $104.97.
- Grand Prize: One (1) recipient shall be chosen from eligible entries submitted from January 4, 2021 at 12 am EST up to 11:59 pm EST on February 4, 2021 and shall receive the following:
- One (1) year-long subscription of 12 pack x 1 Litre Original Flow (equal to 12 free case shipments). Approximate retail value: USD $335.88 / CAD $419.88.
Actual/appraised value may differ at time of prize award. Selected Entrants assume any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Contest or the use or redemption of a prize. Prizes must be accepted as awarded and have no cash value. Prizes or any portion of a prize cannot be combined with other discounts, promotions or special offers. The Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised prize is unavailable at the time of award. Limit of two (2) prizes per person/household (one (1) prize from Week 1, Week 2, or Week 3, and the Grand Prize).
- Odds of Winning. The odds of winning depend on the number of eligible entries received before the Contest End Date.
- Skill-testing Question. If Selected Entrant is Canadian resident, Selected Entrant(s) will be required, as a condition of winning a prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question to be administered by the Sponsor before being declared as a winner of a prize.
- Winner Selection and Confirmation. The Sponsor, or an employee, agent or other representative of the Sponsor, will conduct random draws from all eligible entries received and select the potential winners (each a “Selected Entrant”, collectively referred to as the “Selected Entrants”) in accordance with the following schedule (each a “Draw Date”, collectively referred to as the “Draw Dates”):
- Week 1 Prize: The Selected Entrant will be selected no later than 11:59pm on January 14, 2021 (the Week 1 Prize Draw Date).
- Week 2 Prize: The Selected Entrant will be selected no later than 11:59pm on January 21, 2021 (the Week 2 Prize Draw Date).
- Week 3 Prize: The Selected Entrant will be selected no later than 11:59pm on January 28, 2021 (the Week 3 Prize Draw Date).
- Grand Prize: The Selected Entrant will be selected no later than 11:59pm on February 5, 2021 (the Grand Prize Draw Date).
Selected Entrants will be deemed winners if they meet all of the eligibility criteria set out in the Official Contest Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw from the remaining eligible entries. Before being declared a winner, Selected Entrants will be required to: (i) correctly answer Sponsor’s skill-testing question, if Selected Entrant is a Canadian resident; (ii) sign and return Sponsor’s Declaration of Eligibility and Liability/Publicity Release form (“Winner Release”); and (iii) comply with all other Official Contest Rules, all in the sole discretion of Sponsor.
Selected Entrants will be notified within two (2) business days of the respective Draw Date and will be contacted via Instagram direct message. A Selected Entrant that does not or cannot accept a prize may be forfeited and a new Selected Entrant selected by random draw, in the Sponsor’s sole discretion. A signed copy of the Sponsor’s Winner Release must be received by the Sponsor no later than five (5) days following the date that the Selected Entrant is notified. The Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsor to receive a Selected Entrant’s response.
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 at the time of entry (“Authorized Account Holder”). Each Selected Entrant may be required to provide proof that he/she is the Authorized Account Holder associated with a selected entry.
- Release and Indemnification. All winners must sign the Sponsor’s Winner Release to: (i) confirm compliance with all Official Contest Rules; (ii) agree to accept prizes as awarded; (iii) release, discharge and hold harmless the 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 Contest (“Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of entries by the 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 Contest to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Contest or any 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 the entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the entrant of prizes 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 Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an entrant of a prize, and the use of entries by the Sponsor.
The Sponsor is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Contest or be awarded a 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 the Official Contest 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 Contest or accepting a 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 Contest or receipt or use or misuse of any prize, including any related travel and the use of entries by the Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches 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.
- Other Conditions. The Sponsor reserves the right to terminate or amend this Contest at any time and in any way, without prior notice to entrants. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned for any reason, the Sponsor reserves the right to cancel the Contest and conduct a random draw from all previously received eligible entries received by the Contest End Date.
The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, the Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The 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 Contest or website or violates the Official Contest Rules. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes 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 Official Contest 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 Contest 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.
The 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 Contest Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Official Contest Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Promotion as contemplated in these Official Contest Rules, or for any other reason.
- Publicity and Entrant Information. By participating in the Contest, entrants’ consent to the use of their name, address, email address, postal code, telephone number, social media handle(s), comments and image, whether on videotape, photograph or any other means, for the administration of the Contest or any publicity carried out by the 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. The 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.
- Law. For residents of Canada, the Contest is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. This Contest shall be governed exclusively by the laws of the Province of Ontario, including all issues and questions concerning the construction, validity, interpretation and enforceability of the Official Contest 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 Courts of Ontario.
For residents of the United States of America (USA), the Contest is void where prohibited by law and is subject to all applicable USA federal, provincial, territorial, municipal and local laws. This Contest 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 Contest 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.
- Rule Amendments. The Sponsor reserves the right, in its sole discretion, to amend or modify the Official Contest Rules, or modify, cancel or suspend this Contest, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Contest.
- 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 the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.
© Flow Water Inc. / Flow Beverages Inc. 2020 All Rights Reserved.