i. Facebook: Use your Facebook account to access Sponsor’s Facebook page (https://www.facebook.com/ZEVIA) during the Promotion Period, locate the Rainbow Variety Giveaway post and follow the on-screen instructions. The authorized account holder of the Facebook account will be deemed the entrant and will receive one (1) entry into the Giveaway, subject to the eligibility restrictions below.
ii. Instagram: Use your Instagram account to access @zevia during the Promotion Period, locate the Rainbow Variety Giveaway post and follow the on-screen instructions. The authorized account holder of the Instagram account will be deemed the entrant and will receive one (1) entry into the Giveaway, subject to the eligibility restrictions below.
You must include “#ZeviaRainbowVarietyGiveaway” in your social media entry. An “authorized account holder” is the natural person assigned the e-mail address used to create the social media account used to enter the Giveaway.
3. Eligibility: The Giveaway is open only to legal residents of the 50 United States and the District of Columbia who are 18 years or older (19 years or older in AL and NE; 21 years or older in MS) at the time of entry, subject to all applicable federal, state and local laws and regulations. The Giveaway is not open to (a) any employees of Sponsor, the prize providers, or any of their respective parent companies, subsidiaries, affiliates, or advertising or promotion agencies (such entities, collectively, the “Promotion Parties”), or (b) any such employee’s immediate family members (e.g., spouse, parent, step-parent, sibling, step-sibling, half-sibling, child, and step-child) or any person living in the same household as such individuals. Any false or deceptive entries or acts (including, if applicable, creating or using multiple accounts with the same social media tool in order to enter multiple times) by you will render all entries by you ineligible. Any use of robotic, automatic, programmed, or similar methods of entry by you will render all entries by you ineligible. Partial and incomplete entries may be disqualified. Your entry (and any materials (including photos) that you submit with any entry) may not (i) violate, misappropriate, or infringe any intellectual property, publicity, contractual, privacy, or other right of any third party or any applicable regulation, guideline or community standard, (ii) contain material that is offensive, defamatory, threatening, abusive, vulgar, sexist, discriminatory or otherwise inappropriate, or (iii) promote or incite violent, dangerous or antisocial behavior.
4. Winner Selection and Notification: Upon submission, entries become the sole property of Sponsor, and none will be acknowledged or returned. Sponsor may disqualify any entry that is incomplete or that does not comply with these Official Rules. The winner(s) will be selected in a random drawing from among all eligible entries received. The random drawing will be conducted on or about August 2, 2022. Odds of winning depend on the number of eligible entries received. Each winner will be notified (the “Winner Notification”) by phone, email, social media or other means, depending upon method of entry, within approximately seven (7) days after the drawing, using contact information provided at the time of entry. If, for any reason, more than one bona fide winner come forward seeking to claim a prize, Sponsor reserves the right to award only the number of prizes stated in these Official Rules via a random drawing from among all persons with bona fide claims for the prize, and inclusion in such selection process shall be your sole and exclusive remedy under such circumstances. Each winner will be required to respond to the Winner Notification (as directed in the Winner Notification) within three (3) days after its transmission. All prizes will be awarded provided that a sufficient number of eligible entries are received.
5. Description of Prize(s) and Approximate Retail Value (“ARV”): Three (3) winners will each be awarded two (2) Zevia® Rainbow Soda Variety Pack cases of twenty-four (24) twelve-ounce (12 oz.) cans (each, a “Case”) (Total ARV: $270). One (1) Case will be delivered to the winner and one (1) case will be delivered to an individual of the winner’s choice.
6. General Prize Terms: The ARV of the prize(s) is based on information available to Sponsor. Soda flavors will be determined by Sponsor in its sole discretion. Carrier and shipping method will be determined by Sponsor in its sole discretion. Sponsor is not responsible for any damage to, delay in delivery of, or loss of any prize by any carrier. None of the Promotion Parties is responsible for, and a winner will not receive the difference (if any) between, the actual value of the prize(s) at the time of the award and the stated ARV in these Official Rules. Prizes are subject to availability and Sponsor reserves the right to substitute a prize of equal or greater value in Sponsor’s sole discretion (which prize shall be subject to these Official Rules). Prize details not specified herein will be determined by Sponsor in Sponsor’s sole discretion. Prizes are nonrefundable, not redeemable for cash, and not transferable, and no cash alternative is available. The prize is limited to that specified in the section titled “Description of Prize(s) and Approximate Retail Value (‘ARV’)” above, and all other expenses not specifically mentioned herein (including but not limited to service charges, fees and taxes) are not included in the prize and are solely the winner’s responsibility. Gift cards, gift certificates and tickets (including without limitation airline tickets), including but not limited to any that may be awarded by Sponsor in the event of a substitute prize, are subject to the terms and conditions specified thereon or otherwise specified by the issuer thereof. If the winner is unable to, or elects not to, use any part of a prize, the winner will forfeit that part of the prize. Any and all taxes on a prize are the sole responsibility of such prize winner. The value of any prize awarded to a winner may be reported for tax purposes as required by law, and such winner must provide any additional information requested by Sponsor so that Sponsor can comply with applicable tax reporting obligations. By participating in the Giveaway, you waive the right to assert any and all claims arising from or related to costs of verification or redemption of or travel to claim a prize and any liability or publicity that might arise from claiming or seeking to claim a prize. Additional restrictions may apply.
7. Disclaimer: None of the Promotion Parties is responsible or liable for lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible entries; entries not received during the Promotion Period for any reason; or other errors of any kind. Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose. None of the Promotion Parties is responsible or liable for any typographical or other printing errors in the offer or administration of the Giveaway, including, but not limited to, errors in the printing or posting of the offer or these Official Rules, the selection or announcement of winners, or the distribution of any prizes. In the event that viruses, bugs, tampering, fraud, technical failures, unauthorized human intervention, acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or any other matter beyond Sponsor’s reasonable control (each, an “Uncontrollable Event”) prevents, corrupts, or impairs the administration, security, fairness, or proper play of the Giveaway such that it cannot be conducted as originally planned, Sponsor reserves the right to cancel, terminate, or suspend the Giveaway at any time in its sole discretion, and none of the Promotion Parties shall be responsible or liable in any manner for such Uncontrollable Event or any such cancellation, termination or suspension. In the event an Uncontrollable Event occurs prior to the announced date for winner determination, Sponsor may determine the winner(s) by conducting a random drawing from among all eligible entries received up to such time of cancellation, termination, or suspension. In the event an Uncontrollable Event interrupts, interferes with, or disrupts the provision of any prize, Sponsor may substitute a prize of equal or greater value in its sole discretion.
8. Disqualification: Sponsor may disqualify any winner (and cause any applicable prizes to be forfeited) due to any of the following: (a) the winner fails to comply with any of the terms, conditions, restrictions, or limitations of these Official Rules (as determined by Sponsor in Sponsor’s sole discretion) or, if Facebook or Instagram was used by the winner to enter this Giveaway, the terms and conditions applicable to usage of such service (in Sponsor’s or Facebook, Inc.’s or Instagram, LLC’s sole discretion, as applicable); (b) the winner fails to respond to the Winner Notification or any other notice (in each case as set forth in such notice) within three (3) days after its transmission; or (c) the inability of Sponsor to contact a potential winner or the return of any Winner Notification, notice, or prize as undeliverable. In the event of disqualification of a winner or forfeiture of a prize, Sponsor may select an alternate winner in a random drawing in Sponsor’s sole discretion.
9. Release and Indemnification: BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE: (A) TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND (B) TO FOREVER AND IRREVOCABLY RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE PROMOTION PARTIES, FACEBOOK, INC., AND INSTAGRAM, LLC (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING) FROM AND AGAINST ANY AND ALL LIABILITY FOR CLAIMS, JUDGMENTS, FINES, COSTS, EXPENSES, CAUSES OF ACTION, PERSONAL INJURIES, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DEATH AND PROPERTY DAMAGE, RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH (I) THE GIVEAWAY, PARTICIPATION (OR THE INABILITY TO PARTICIPATE) IN THE GIVEAWAY, OR ANY ELEMENT OR ACTIVITY THEREOF; (II) ANY PRIZE, INCLUDING ANY LIABILITY OR DAMAGE RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH (1) CANCELLATIONS, DELAYS, DIVERSIONS, LOSS OR SUBSTITUTIONS, OR ANY OTHER ACT OR OMISSION WHATSOEVER, BY ANY CARRIER OR OTHER TRANSPORTATION COMPANY, OR BY ANY PERSON PROVIDING ANY PRIZE-RELATED SERVICES OR ACCOMMODATIONS; (2) TRAVEL TO OR FROM OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY; (3) LOST, LATE, STOLEN, MISDIRECTED, DAMAGED, OR DESTROYED PRIZES; OR (4) THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE, ANY DEFECTS IN ANY PRIZE, OR ANY INABILITY TO USE ANY PRIZE; OR (III) ANY ERRORS IN THESE OFFICIAL RULES OR ANY MARKETING MATERIALS IN CONNECTION WITH THE GIVEAWAY.
10. Disputes; Governing Law: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action. Any disputes that may arise hereunder will be governed in all respects by the laws of the State of California without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes will be had only in the state courts located within Los Angeles County, California and the federal courts located in the Southern District of California, without waiver of any right to removal by Sponsor pursuant to 18 U.S.C. §§ 1441, et seq.
11. Publicity and Intellectual Property: Where permitted by law, by participating in the Giveaway, you grant each of the Promotion Parties, and those acting pursuant to the authority of any of the Promotion Parties, the right to print, publish, broadcast, and use any materials (in whole or in part, or in edited form) you submit in connection with the Giveaway, as well as your name, portrait, picture, likeness, voice, statements attributable to you (including comments and postings), city and state of residence, and other biographical information, for advertising and promotional purposes throughout the world in any and all media now known or existing at any time in the future, without further approval, notification, or compensation.
13. Conduct: By entering the Giveaway and accepting a prize, the winner agrees to behave in accordance with all applicable laws and generally-accepted social practices in connection with participation in any Giveaway- or prize-related activity. The winner understands and agrees that Sponsor and each prize provider has the right, in their respective sole discretion, to disqualify and remove the winner (and/or his or her guest(s), if applicable) from any activity at any time if the winner’s (and/or any of his or her guests) behavior at any point (a) is uncooperative or disruptive; (b) annoys, threatens, or harasses any other person; (c) may or does cause damage to any person or property or the reputation of Sponsor or such prize provider; or (d) otherwise violates the policies of such prize provider; and, in such a case, the winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.
14. List of Winners / Copy of Official Rules: To obtain a list of winners (available approximately two (2) months after the date of winner determination) or a copy of these Official Rules, go to www.zevia.com/blogs/news/zevia-rainbow-variety-giveaway or mail your request, including a self-addressed, stamped envelope, to Zevia LLC, Attn: Zevia Legal Coordinator, 15821 Ventura Blvd., Suite 145, Los Angeles, CA 91436. Requests must be received within six (6) months of the end of the Promotion Period.
16. Sponsor: Zevia LLC, 15821 Ventura Boulevard, Suite 145, Los Angeles, CA 91436.
Congratulations to our winners: Kim Murrell, Viv Solstice, and Emily Bailey.