NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER FOR A CHANCE TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THE SWEEPSTAKES IS INTENDED FOR VIEWING IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY UNITED STATES LAW. VOID WHERE PROHIBITED.
THESE OFFICIAL RULES (THE “OFFICIAL RULES”) CONTAIN AN ARBITRATION AGREEMENT,WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOTAS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. HOW TO ENTER: To enter, participants must complete all of the steps set forth below during the Sweepstakes Period:
Step 1: Log into your Instagram account via a web-enabled mobile device (if you are not already a member of Instagram, download and install the free Instagram application on your web-enabled mobile device and register for a free Instagram account). Once you are logged into your Instagram account, follow @drinkbev, @athleta_la, @staylightwithliz, @aceyogala
Step 2: Locate the post related to the Sweepstakes (the “Post”) on the @drinkbev Instagram feed and like the Post.
Step 3: Leave a comment on the Post tagging at least three of your Instagram friends that meets the eligibility criteria set forth in Section 3 below and include the hashtag: #AthletaSweepstakes. To further chances of winning, send a message to @drinkbev or @athleta_la with proof of donation to Black Lives Matter, Los Angeles chapter.
To enter the Sweepstakes by mail without completing the steps above, print your first and last name, complete address, city, state, zip code, daytime telephone number, date of birth, and e-mail address (if available) on a three-by-five-inch card. Put the card in an envelope, affix first-class postage, and send it to the Sponsor at the address set forth in Section 8 below, with attention to ‘ATHLETA PRIDE SWEEPS’. To be eligible the card must postmarked within the Sweepstakes Period.
Participation in the Sweepstakes is voluntary and does not require you to purchase anything from the Sponsor. No illegible, incomplete, forged or altered entries will be accepted. All entries must be received by the last day of the Sweepstakes Period. One (1) entry per person. Tagging more than one Instagram friend in a comment will not constitute multiple entries. If you leave multiple comments on the Post, only your first post that satisfies the eligibility criteria will be deemed an eligible entry. Your entry, including all required actions taken on Instagram, must be made using the same username and account on a web-enabled mobile device. All entries are subject to these Official Rules. You may unfollow @drinkbev @athleta_la, @staylightwithliz or @aceyogala on Instagram at any time, provided that in order to be eligible to win, you must be following @drinkbev, @athleta_la, @staylightwithliz and @aceyogala on Instagram at the end of the Sweepstakes Period and through the Selection Date.
2. PRIZE: There will be ten 2 winners of the Sweepstakes who validly entered in accordance with these Official Rules (the “Winner”),and whom will receive a package with a Athleta Pride Tank and a $50 Bev Digital gift card. Total approximate retail value of the Prize is $120. The odds of winning the Prize depend on the number of eligible entries received during the Sweepstakes Period. Allow 3-4 weeks after validation of arrangement for receipt of Prize. There is no substitution, cash equivalent or transfer of Prizes allowed. Winner will be solely responsible for all other expenses not specifically set forth herein. The Sponsor reserves the right to substitute Prizes of equal or greater value. No other substitution or transfer of Prizes permitted. The Sponsor is responsible only for Prize delivery; Sponsor is not responsible for Prize utility, quality or otherwise. In order to receive a Prize,a Winner may be required to provide proof of identification. THE WINNER MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY THE SPONSOR TO FACILITATE THE DELIVERY OF THE PRIZE, AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. All federal, state, provincial and local or other taxes on any Prize, including income and/or sales taxes, are the sole responsibility of the Winner. The Winner of any Prize with a value of $600 or greater will be issued a 1099 U.S. Tax Form for the retail value of the Prize. All entrants agree that information provided by the Sponsor is not advice, including but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a tax professional.
4. SELECTION OF WINNER: On or about June 12, 2020 (the “Selection Date”),the Sponsor will randomly select the Winner, and will announce the Winner(s) on the @drinkbev Instagram feed shortly thereafter. The Winner(s) will be selected from all eligible entries received by the Sweepstakes End Date. In addition to the public announcement on Instagram, the Winner will be notified by a direct message to the Instagram username associated with the comment posted as part of the Sweepstakes entry process or by mail, telephone or email using the information provided on a mail-in entry postcard. The Sponsor may request certain information,including date of birth or age, from the Winner in order to confirm eligibility. The Prize must be claimed in full. In the event that the Winner does not accept the Prize within three (3) business days of Sponsor notifying such Winner, such Winner is ineligible, or the Prize or Prize notification is not deliverable to such Winner, then an alternate Winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify any Winner. The Winner agrees to use of name, address,likeness, and/or Prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, the Winner may be required to sign and return a Publicity Consent and Liability Release.
5. CONDITIONS: The Sponsor, Contributing Partners, Instagram, and their respective agents, directors, officers, shareholders, employees, insurers,servants, parents, subsidiaries, divisions, affiliates, predecessors,successors, representatives, advertising, promotion, and fulfillment agencies,and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed,incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions,failures, or difficulties of any kind, whether human or technical; (iii)failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv)any condition caused by events beyond the control of the Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the Prize, or acceptance, possession, or use of the Prize, or from participation in the Sweepstakes; or (vi) any printing or typographical errors in any materials associated with the Sweepstakes. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes should any unauthorized human intervention or other causes beyond the Sponsors’ control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In the event that proper administration of the Sweepstakes is prevented by such causes as contemplated above, the Sponsor will pick the Winner from all eligible,non-suspect entries received prior to such action. By participating in the Sweepstakes, participants and Winner agree to release,discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Sweepstakes, from any and all losses,damages, rights, claims and actions of any kind arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the Prize, and/or acceptance,possession, use or misuse of the Prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. This Sweepstakes shall be governed by California law. In the event of a dispute as to the identity of the Winner based on Instagram username, the selected Winner will be deemed to be the authorized account holder of the Instagram username at time of entry. “Authorized account holder” is the natural person who is assigned (or approved for) an Instagram account by Instagram orother applicable organization responsible for confirming Instagram accounts for the Instagram username in question
6. ARBITRATION AGREEMENT:PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules, the Sweepstakes,your participation in the Sweepstakes, the Prize, acceptance, possession, use or misuse of the Prize (including any alleged breach thereof), any advertising, any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Sweepstakes, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions andNon-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE,THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE,AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to The Alixir Co., 72 Windward Ave., Venice, CA 90291 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received,you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s(“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page,http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and anyterm of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is$75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail. Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 6(b)above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 6(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
7. WINNERS LIST: To obtain the first name, last initial, city and state of the Winner after the Sweepstakes End Date, send a separate self-addressed, stamped envelope marked “Momma Needs A Bev Sweepstakes Winners List” to the Sponsor. Requests for winners list must be received no later than ninety (90) days from the Sweepstakes End Date (residents of Vermont and Washington need not include return postage).
8. SWEEPSTAKES SPONSOR:
The Alixir Co.
72 Windward Ave
Venice, CA 90291
9. NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules and/or criminal and/or civil law.
10. Copyright 2020,The Alixir Co. All rights reserved. Alixir, Bev and the associated logos are trademarks of Sponsor. Instagram and the associated logos are trademarks of Instagram. Any other trademarks in these Official Rules are used for Prize identification purposes ONLY and are the properties of their respective owners.