Drink Up the Fun Sweepstakes

(the “Sweepstakes”)

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A purchase will not increase your chances of winning. You must have permission from your parent or legal guardian prior to entering. Many will enter, few will win.

 

Void outside the forty-eight (48) contiguous United States and the District of Columbia, and void in Puerto Rico and where prohibited or restricted by law.

 

Sponsor: Viacom Media Networks, 1515 Broadway, New York, NY 10036.

Administrator: National Sweepstakes Company, LLC, 693 East Avenue, Suite 302, Rochester, NY 14607.

 

1.       SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00 p.m. Eastern Time (“ET”) on January 20, 2014 and ends at 11:59 p.m. ET on February 16, 2014. Sponsor’s computer is the official timekeeping device for the Sweepstakes.

 

2.       ELIGIBILITY: To enter the Sweepstakes, you must have your parent or legal guardian’s permission and be (i) a legal resident of the forty-eight (48) contiguous United States and the District of Columbia; and (ii) between the ages of six (6) to fifteen (15) years old at time of Sweepstakes commencement or the parent or legal guardian of a child between the ages of six (6) to fifteen (15) years old at time of Sweepstakes commencement. Employees, officer, directors, and members of Sponsor, Administrator, The Brita Products Company, all prize providers associated with the Sweepstakes, and all of their respective affiliates, parent, and subsidiary companies, licensors, distributors, divisions and their advertising, production and promotion agencies (collectively, “Sweepstakes Entities”), licensors, representatives, contractors, and agents, and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and those winners who have won a grand prize in any Sponsor-related sweepstakes/promotion in the twelve (12) months prior to the start of the Sweepstakes Period, are ineligible to participate in this Sweepstakes. Eligibility will be determined by Sponsor and/or Administrator in its/their sole discretion.

 

3.       HOW TO ENTER: Get your parent’s or legal guardian’s permission to enter, then during the Sweepstakes Period (as defined below), visit www.nick.com/brita(the “Sweepstakes Site”) and follow the instructions to complete and submit the online Sweepstakes entry form. Use of a profane username or the submission of false or misleading personal information by a participant will be grounds for disqualification. Determination of information to be profane, false, or misleading is at the sole discretion of the Sponsor. Persons who submit an entry must provide all required information. Incomplete or inaccurate entries are void. Limit one (1) entry per calendar day per person/household/email address. As stated below, collection and use of personally identifiable information will be in accordance with the Sponsor’s Online Privacy Policy as posted on www.nick.com. All email entries must be received at the Sweepstakes Site during the Sweepstakes Period (beginning 12:00 p.m. ET on January 20, 2014 and ending at 11:59 p.m. ET on February 16, 2014).

 

Entries that have been tampered with or altered shall be rendered void. Sponsor is not responsible for any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer on-line systems, servers or providers, computer equipment, software, failure of participants on account of technical problems or traffic congestion on the internet or at any web site or any combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials contained in this Sweepstakes. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsors which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsors reserve the right at their sole discretion to cancel, terminate, modify or suspend the online portion of the Sweepstakes. Should the Sweepstakes be terminated or cancelled prior to the stated expiration date, notice will be posted on the website, and any entries received prior to the termination or cancellation will be included in the drawing. In the event of a dispute over who submitted a winning entry, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Multiple participants are not permitted to share the same email address. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s plays entries, and that participant may be disqualified at Sponsor’s and/or Administrator’s discretion.

 

Opt out: The parent or legal guardian (“Parent”) of any participant who is under the age of thirteen (13) will be sent an initial e-mail notification advising Parent that his/her child has registered at the Sweepstakes Site for entry into the Sweepstakes, and will be provided with the option to withdraw the entry. If the option to withdraw is not exercised within the time period indicated on such notice, the entry will be deemed submitted.

 

4.       DRAWING AND WINNER NOTIFICATION: Administrator will conduct a random drawing from all eligible entries received to select one (1) potential winner (a “Potential Winner”) on or about February 18, 2014. Potential Winner will be notified by email on or about February 19, 2014. Odds of winning a prize depend on the total number of eligible entries received during the Sweepstakes Period. If a Potential Winner fails to respond to the notification within five (5) business days of Administrator’s first attempt, such Potential Winner and his/her entry will be disqualified and another Potential Winner will be selected from the remaining eligible entries received.

 

5.       VERIFICATION OF WINNER: Before a Potential Winner is deemed an Official Winner, his/her Parent will be required as a condition of receiving the Grand Prize or First Prizes (as both terms are defined below) to execute and return an Affidavit of Eligibility, a Liability Release/Publicity Release (except where prohibited) (the “Affidavit/Release”) and any other legal documents that Sponsor may require, including, but not limited to, a W-9 tax form. Potential Winner must returned required documentation to Sponsor within five (5) business days from the date Sponsor sends such documents to the Potential Winner or be subject to disqualification, and must be able, if requested, to otherwise provide proof that the Potential Winner is eligible to be deemed an Official Winner to Sponsor and/or Administrator’s satisfaction. If the documents are not returned within that time, or Potential Winner or Official Winner is found to be ineligible, of Potential Winner is unavailable to take delivery of the Grand Prize or First Prizes (ass applicable), or Potential Winner does not comply with the Official Rules, then he/she will be disqualified and an alternate Potential Winner may be selected. A prize notification being returned as undeliverable will result in disqualification of such entry. All travelers must sign an Affidavit/Release prior to ticketing.

 

6.       PRIZING: One (1) grand prize (the “Grand Prize”) is available to be awarded in this Sweepstakes. The Grand Prize consists of a trip package (the “Trip Package”) for Grand Prize winner (the “GP Winner”) and up to three (3) guests (one of whom must be GP Winner’s Parent) (each, a “Guest”) to Orlando, FL. If GP Winner elects to bring a friend as a Guest and such friend is a minor in his/her state of residence, the remaining Guest must be the parent or legal guardian of such minor Guest. Trip Package shall consist of: (i) roundtrip coach airfare for the GP Winner and up to three (3) Guests from the airport nearest the GP Winner’s residence (as solely determined by Sponsor) to Orlando, FL; (ii) standard hotel accommodations at Nickelodeon Suites Resort (two bedroom suite, quad occupancy, room and tax only) for a five (5) day / four (4) night stay; (iii) round-trip ground transportation to and from airport/hotel; (iv) Two hundred fifty dollars ($250.00) in spending money for GP Winner only; (v) dinner for four (4) at Nickelodeon Suites Resort with meet and greet with the Teenage Mutant Ninja Turtles; and (vi) two (2) BRITA® kids bottles. Total Approximate Retail Value (“ARV”) of Grand Prize: $3,957.98. Travel restrictions, conditions and limitations may apply. ARV of Grand Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. Any person that participates in the Trip Package that is not deemed to be a Guest must pay his/her own expenses.

 

GP Winner and his/her Guests must be able to travel on dates to be determined by Sponsor. Exact dates of travel to be determined at Sponsor’s sole discretion. The Trip Package is subject to certain restrictions. All meals, ground transportation and incidentals not described herein and incurred by Winner and his/her Guests will be the sole responsibility of the Winner and/or his/her Guests.

 

If Winner resides within a one hundred (100) mile radius of Orlando, FL (a “local resident”), in lieu of the round trip air transportation portion of the Trip Package, GP Winner and Guests may receive round-trip ground transportation of Sponsor’s choice for GP Winner and his/her Guests from GP Winner’s residence to the hotel. No compensation will be awarded in lieu of the difference in the ARV for the Grand Prize for a local resident and the ARV for the Grand Prize who is not a local resident. An IRS Form 1099 may be issued in the name of the GP Winner’s parent or legal guardian for the actual value of the Grand Prize received.

 

FIRST PRIZE (40): Each First Prize winner will be awarded a BRITA® kids bottle; total ARV of each First Prize is $18.99. Total ARV for all First Prizes is $759.60.

 

The GP Winner and First Prize winners may be collectively referenced herein as “Winners”. The Grand Prize and First Prizes may be collectively referenced herein as “Prizes”. Total ARV for the Grand Prize and First Prizes is $4,717.58.

 

7.       GENERAL PRIZE CONDITIONS/RESTRICTIONS: Any and all applicable federal, state, and local taxes (including but not limited to income taxes) and all fees and expenses related to delivery, acceptance, and use of the Prizes not specifically identified in these Official Rules, including but not limited to automobile insurance, travel insurance, meals, gratuities, bag check fees, parking fees, laundry service, food, alcoholic beverages, incidentals (including mini-bar), phone charges, merchandise, souvenirs and other expenses not specifically identified in these Official Rules, are solely the responsibility of the Winners and Guests. Sweepstakes Entities are not responsible for any mechanical difficulties or failure connected with the prize, or any act or omission whatsoever. No transfer, substitution, or cash equivalent for the prize is allowed except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute a Prize or Prize component with a prize of equal or greater value if a Prize component cannot be awarded as described for any reason. The Prize is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another prize. Unused components of the Prize have no redeemable cash value. Sponsor will not replace any lost or stolen prizes or components of a Prize(s). Actual value of Prize may vary based on point of departure. Any difference between the ARV and the actual value, if any, of any component of the Prizes will not be awarded.

 

GP Winner and his/her Guests must possess United States government-approved travel documents and be willing to sign any other legal documents required by Sponsor and/or Administrator and travel on the same itinerary. Trip Package is subject to certain restrictions and exact travel times and arrangements are subject to availability and blackout periods. Travel must be completed on a date to be determined by Sponsor. The Sweepstakes Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Trip Package. GP Winner and Guests must comply with all hotel check-in requirements, including, but not limited to, the presentation of a major credit card. All airline tickets issued in connection with the Trip Package are not eligible for frequent flyer miles. Airline tickets cannot be used in conjunction with any other promotion or offer. GP Winner’s Parent will be required to show proof of current and valid driver’s license issued by one of the United States prior to receipt of the rental automobile.

 

In the event that a Potential Winner chooses not to accept his/her prize, or is unable to be notified, an alternate Potential Winner will be randomly selected from all of the remaining eligible entries. If the GP Winner elects to travel or participate in the Trip Package with fewer than three (3) Guests, no additional compensation will be awarded. If the GP Winner elects to travel or participate in the Trip Package with more than three (3) Guests, such additional guest(s) shall be responsible for any and all costs associated with such travel. Air transportation and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. All airline tickets issued in conjunction with the Trip Package are not eligible for upgrades. Lost or stolen tickets, travel vouchers or certificates or similar items, or any other component of a prize, once they are in Winner’s possession, will not be replaced. Travel is subject to capacity controls, availability, blackout dates and certain other restrictions, all of which are subject to change. Travel must be roundtrip. No stopovers are permitted on tickets issued in the Trip Package. If a stopover occurs, the Trip Package will terminate and GP Winner and his/her Guests will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Airline and flight itinerary will be determined by Sponsor in its sole discretion. Any unclaimed and/or unused Trip Package or element thereof will be forfeited by and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier.

 

In the event the GP Winner and/or his or her Guest(s) engage in behavior during prize travel and/or other applicable experience that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the Trip Package or other applicable experience early, in whole or in part, and send GP Winner and/or his or her Guests home with no further obligation or compensation whatsoever to GP Winner or his/her Guests. In the event GP Winner or any Guest engages in behavior during travel and/or other applicable experience that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects GP Winner or Guest(s) to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by GP Winner or Guest(s) as a result of such conduct. Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel related to the Prize or any other aspect of GRAND Prize Winner’s or ANY Guest’s acceptance or use of the Prize.

 

8.       GENERAL CONDITIONS: By submitting an entry, each participant (whether declared an Official Winner or not) agrees (and agrees to affirm such in writing) to: (i) abide by and be bound by these Official Rules and the decisions of the Sponsor on all matters relating to this Sweepstakes which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Sweepstakes or these Official Rules, and, (iii) warrant and represent that the use of the materials submitted in this Sweepstakes will not violate the rights of any third parties. Entries must be in keeping with Sponsor’s positive image, as determined by Sponsor and Administrator in their sole discretion. Any materials containing obscenity, crude language, or descriptions of a violent or sexual nature (as defined solely by Sponsor or Administrator) will not be accepted and the associated entry will be disqualified. All federal, state or other tax liabilities (including income taxes) arising from the Prizes contained in this Sweepstakes will be solely the responsibility of the Winner. Receipt of any of the prize components of this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification.

 

If for any reason the Sweepstakes is not capable of running as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sweepstake Entities that corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes, or any part of it, at its sole discretion. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and award the Prizes from among the eligible entries received up to the time of the impairment in a manner that is fair and equitable as determined by Sponsor.

 

Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor's sole and absolute discretion. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor.

 

In the event a Potential Winner or Official Winner is disqualified for any reason under the provisions of these Official Rules, such Potential Winner or Official Winner and all rights to any prize will be forfeited in its entirety and a random drawing will be conducted in order to select an alternate Potential Winner, if time permits.

Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Any attempt by any person to damage any website associated with or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserve the right to seek prosecute or seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

9.       LIMITATIONS OF LIABILITY/RELEASES: By submitting an entry, each participant (whether declared an Official Winner or not) agrees (and agrees to affirm such in writing) to forever and irrevocably release, discharge, indemnify and hold harmless the Sweepstakes Entities, and each of their respective officers, directors, licensors, employees, representatives, contractors, and agents (the “Released Parties”) from any liability, claims, demands, and causes of action from personal injury, loss or damage of any kind, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Sweepstakes or the use, misuse or acceptance or possession of the Grand Prize or any portion thereof, or participation in any Sweepstakes-related activity, ACCESS TO AND USE OF EACH WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES AND/OR DOWNLOADING FROM SUCH SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. By participating in this Sweepstakes, entrants agree that the Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from (i) any typographical or other error in the publication or printing of the Official Rules, and/or the offering or announcement of any prize, (ii) lost, late, stolen, misdirected, damaged, incomplete or garbled entries, (iii) any error in the collection or retention of entry information, including, but not limited to, incorrect or inaccurate transcription, receipt or transmission of any part of the entry due to human error, (iv) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, (v) the Sweepstakes and any elements thereof, and the participation or inability to participate in any Sweepstakes-related activity or participation in this Sweepstakes, including, but not limited to, any damage to participant’s (or any third person’s) telephone system and/or its contents related to or resulting from any part of the Sweepstakes, (vi) any malfunction of the telephone system, whether technical or due to human error in nature, lost/delayed data transmission, omissions, interruptions, deletion, defect, line failures, postponement, cancellation, or modification of the Sweepstakes, including, but not limited to, interruption or inability to access the Sweepstakes due to hardware or software compatibility problems of any telephone network (TSP), computer online systems (ISP), servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the internet or at any website or any combination thereof, including injury or damage to participants or to any other person’s telephone system related to or resulting from participating, (vii) acceptance, receipt, possession, attendance at, travel related to, defects in, misuse, inability to use, or use of any component of the prize including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed prize (or any element thereof), or (viii) any change in the prizing (or any components thereof) due to unavailability, any of which is due to reasons beyond Sweepstakes Entities’ control, including, but not limited to, by reason of any acts of God, 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 including but not limited to overloading of the Sweepstakes Site due to excessive use, threatened or actual terrorist acts, air raid(s), blackout(s), act(s) of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic(s), 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 Sweepstakes Entities’ sole and reasonable control, or as otherwise permitted in these Official Rules; ix) unauthorized human intervention in any part of the entry process or the Sweepstakes; or x) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed. Sponsor reserves the right to award only the stated number of prizes at random from all legitimate, un-awarded, eligible entries.

 

In addition, Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the GP Winner's and his/her Guests’ transportation and such contracts shall be solely between the GP Winner, his/her Guests and such transportation companies. Sweepstakes Entities shall not be parties to such contracts and shall assume no responsibility in such connection. Released Parties shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. GP Winner and his/her Guests assume all liability for any injury or damage caused, or claimed to be caused, by participating in this Sweepstakes or use or redemption of the prize.

WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY APPLICABLE THE SWEEPSTAKES SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS.

 

10.    PUBLICITY. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.

 

11.    GOVERNING LAW/JURISDICTION. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, each participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prizes awarded, or the determination of the Official Winner shall be resolved individually, without resort to any form of class action. Participant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys' fees and/or experts' fees and costs. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participant further waives all rights to have damages multiplied or increased.

 

12.    PRIVACY AND USE OF INFORMATION: By entering the Sweepstakes, each participant agrees that participant’s entry and any other personally identifiable information collected or used in connection with the Sweepstakes is subject to and may be used by Sponsor in accordance with its Privacy Policy, as posted on www.nick.com.

 

13.    RULES/WINNERS LIST: To receive the name of the Winner or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: “Drink Up the Fun Sweepstakes”, c/o P.O. Box 10505, Rochester, NY 14610 for receipt by April 18, 2014. Please specify “Rules” or “Winner Info”. Vermont residents may omit return postage. You may also view the Official Rules by visiting www.nick.com during the Sweepstakes Period.