vitaminwater®
“vitaminwater® Hang Time 710 ESPN” Sweepstakes
To enter this Sweepstakes, you must agree to and abide by these Official Rules as well as the
710 ESPN Contest Rules, which are made a part of these Official Rules and incorporated herein
by reference. In the event of any inconsistency between these Official Rules and the 710 ESPN
Contest Rules, these Official Rules shall prevail, govern and control.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sponsor: Energy Brands Inc. d/b/a glacéau, 17-20 Whitestone Expressway, Whitestone, NY
11357.
2. Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2
10001.
nd
Floor, New York, NY
3. Eligibility: The “vitaminwater® Hang Time 710 ESPN” Sweepstakes (“Sweepstakes”) is
open only to legal U.S. residents who reside in the Total Survey Area of 710 ESPN, as
defined by Arbitron, Inc., and who are 18 years of age or older at time of entry. Any
individuals (including but not limited to employees, consultants, independent contractors, and
interns) who have, within the past six months, performed services for Sponsor, Administrator,
710 ESPN, any organizations responsible for sponsoring, fulfilling, administering, advertising
or promoting the Sweepstakes or supplying the prizes, and/or their respective parent,
subsidiary, affiliated and successor companies, and immediate family and household
members of such individuals, are not eligible to enter or win a prize. "Immediate family
members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or
spouses, regardless of where they live. "Household members" shall mean people who share
the same residence at least three months a year, whether related or not. Void where
prohibited or restricted by law.
4. Sweepstakes Schedule: The Sweepstakes begins on or about 12:00:01 a.m. Pacific Time
("PT") on 8/31/09 and ends at 11:59:59 p.m. PT on 9/7/09 (“Sweepstakes Period”). 710
ESPN’s computer is the official clock for the Sweepstakes.
5. Sweepstakes Entry: There are two ways participants can enter the Sweepstakes: online or
mail-in entry.
Online Entry: To enter online, go to http://www.710ESPN.com (the "Website") and click on
the “vitaminwater® Hang Time” Sweepstakes” link on the home page. You will be asked to
provide your name, mailing address (with zip code), e-mail address, date of birth and daytime
telephone number. Once you have completed the entry form, submit your sweepstakes entry
by clicking the "Submit Entry" button on the Sweepstakes entry page.
Mail-in Entry: On a 3”x5” card handprint your name, complete address, date of birth, daytime
telephone number and mail to the: "vitaminwater® Hang Time 710 ESPN Sweepstakes
th
nd
Entry”, c/o LeadDog Marketing Group, 159 W. 25 St., 2 Floor, New York, NY 10001. Limit
of one entry per outer mailing envelope. Entries must be postmarked by 9/7/09 and received
by 9/14/09. Entries received after 9/14/09 are void. Sponsor and its agencies are not
responsible for entry forms that are late, lost, misdirected, mechanically reproduced, illegible,
incomplete or damaged or for postage due mail; and, all such entries are void. All entries
become the property of Sponsor and will not be acknowledged.
Limit one (1) Sweepstakes entry per person or e-mail address, per day, regardless of
which method of entry is used. For purpose of this Sweepstakes except for the first day
where the day begins at 12:00:01 a.m. a day begins at 12:00:00 a.m. PT and ends the
following 11:59:59 p.m. PT. Entrants may not share email addresses. Multiple entries in
excess of this limitation or mass entry attempts will result in disqualification of all entries by
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such person. Entries must be manually key-stroked; use of automated entry devices or
programs is prohibited. Sponsor, 710 ESPN and their agencies are not responsible for failed,
partial or garbled computer or telephone transmissions, or for technical failures of any kind,
including but not limited to electronic malfunction or damage of any network, hardware or
software. If for any reason the Sweepstakes is not capable of running as planned, including
infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical
failures beyond the control of Sponsor and/or 710 ESPN that corrupt or affect the
administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor
reserves the right, in its sole discretion, to disqualify any individual who tampers with the
entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor
reserves the right to conduct the Sweepstakes and award the prize by means of a random
drawing comprised of all eligible entries received prior to and/or after (as appropriate) the
action taken by Sponsor or otherwise award the prize in a manner which is fair, appropriate
and consistent with these Official Rules, as determined by Sponsor in its sole discretion.
Notice of termination/modification/suspension of Sweepstakes will be posted at
http://www.710ESPN.com. No responsibility is assumed for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft or loss,
destruction or unauthorized access to, or alteration of, entries; or any problems or technical
malfunctions of any telephone network or lines, computer online systems, servers, or
providers, computer equipment, software, failure of any e-mail or electronic entry to be
received on account of technical problems or traffic congestion on the Internet or at any
website, or any combination thereof, including any injury or damage to entrant's or any other
person's computer related to or resulting from participation in or downloading any materials
from this Sweepstakes.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes
and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO
DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES
VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN
INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR MAY DISQUALIFY ANY
ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT
OF THE LAW.
6. Sweepstakes Random Drawing: On or about 9/15/09, potential winners will be randomly
selected in a drawing conducted by Administrator, an independent judging organization
whose decisions are final on all matters related to this Sweepstakes.
7. Winner Verification/Prize Award: Each potential winner will be notified by e-mail, phone
and/or mail. Failure to respond to the initial verification e-mail within 3 business days after
notification or return of e-mail notification as undeliverable after 2 attempts will result in
disqualification. Potential winners may be required to sign and return within 5 days of receipt
an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed
by law. If the Affidavit of Eligibility, Release and Indemnification and Publicity Release are not
returned to Sponsor within the specified time period, potential winners may be disqualified. If,
for any prize, prize/prize notification is returned as undeliverable or potential winners cannot
otherwise be contacted for any reason, such potential winner will be disqualified. If potential
winner is disqualified for any reason, the prize will be awarded to an alternate winner selected
from among all remaining eligible entries received during the Promotion Period. Grand Prize
winners’ guests (or parent/legal guardian if guest is a minor) must execute a Release of
Liability prior to travel. If guests are minors, he/she must be accompanied by parent/legal
guardian on trip (i.e., the Grand Prize winner). In the event of any dispute concerning the
identity of any online entrant, the entry will be deemed submitted by the natural person who is
the authorized account holder of the transmitting e-mail account at the time of entry.
"Authorized account holder" is defined as the natural person who is assigned to the e-mail
address by an Internet access provider, online service provider, or other organization (e.g.,
business, educational institution, etc.) that is responsible for assigning e-mail addresses for
the domain associated with the submitted e-mail address.
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8. Prizes, Approximate Retail Values ("ARV") and Odds of Winning:
GRAND PRIZE (2 winners): Each winner will receive two (2) tickets for the Kobe Bryant
“Hang Time Experience” aboard the vitaminwater® #24 bus. Experience includes: a meet
and greet with Kobe Bryant in the Los Angeles area (if time and circumstances permit); one
(1)-autographed Kobe Bryant item; One (1) $100.00 Gift Card. Gift Card prize subject to
terms and conditions thereon. ARV of Grand Prize: $475.00 each.
FIRST PRIZE (4 winners): Each winner will receive one (1)-autographed Kobe Bryant item;
one (1) game console with two (2) video games; One (1) $50.00 Gift Card. Gift Card prize
subject to terms and conditions thereon. ARV of First Prize: $425.00 each.
SECOND PRIZE (2 winners): Each winner will receive two (2) Kobe Bryant Gift Bags; one
(1) game console with one (1) video game; One (1) $50.00 Gift Card. Gift Bags will include a
Kobe T-shirt, a vitaminwater® chapstick, a Kobe Diem vitaminwater® poster, a
vitaminwater® sports water bottle, a vitaminwater® sports towel, a 20oz bottle of
vitaminwater®, a 20oz smartwater, sun screen and a mini basketball. Gift Card prize subject
to terms and conditions thereon. ARV of First Prize: $350.00 each.
Total ARV of all Prizes: $3,350.00
Meeting Kobe Bryant has no cash value and is subject to his availability and professional
commitments. Grand Prize winners and their guest will meet Kobe Bryant in one session, for
a period of up to 15 minutes. Meeting will be at a time and location to be determined by
Sponsor in its sole discretion, with a Sponsor representative (and perhaps other individuals)
also being present at all times. Grand Prize winners and their guests are responsible for their
own transportation to/from the Los Angeles area meeting location designated by Sponsor.
Grand Prize will be fulfilled within one year of winner verification, as solely determined by
Sponsor. Grand Prize winner will be given at least 7-days advance notice of intended
meeting time and location. Other than autographed item included as part of prize, Kobe
Bryant will NOT autograph any items. Winner and guests must follow all instructions of
Sponsor relative to meeting Kobe Bryant and, should winner and/or guest fail to adhere to
such instructions or engage in unruly, obnoxious, anti-social or otherwise inappropriate
behavior (as determined by Sponsor and/or Administrator, in their sole discretion), Sponsor
will, without further notice or warning, eject winner and/or guest(s) from meeting with Kobe
Bryant and/or take other actions as Sponsor deems appropriate in its sole discretion so as to
protect its rights, without liability or other obligation to winner and/or guest. If meeting Kobe
Bryant is offered for shorter than the indicated time period, for any reason other than
inappropriate behavior by winner and/or guest, Sponsor’s liability shall be limited to awarding
the remaining elements of the prize to winner. ARV of prize is based in part on approximate
retail value of autographed Kobe Bryant item; resale value of autographed item may differ
and no representation is made as to resale value.
Any costs or incidentals not specified herein are the sole responsibility of winner. No
substitution or transfer of prize except with Sponsor’s permission or where required by law. If
for any reason announced prize/prize component becomes unavailable, Sponsor in its sole
discretion may award a substitute prize/prize component of equal or greater value. Prize will
only be delivered to address within the United States. Federal, state and local taxes, if any,
are the sole responsibility of the winner, who will receive a 1099 tax form reflecting actual
value of prize. Odds of winning any prize depend on total number of eligible entries received
during the Sweepstakes Period.
9. General Conditions: By participating, entrants agree to be bound by and abide by these
Official Rules and the decisions of Sponsor and Administrator, which shall be final and
binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any
individual it finds to be tampering with the entry process or the operation of the Sweepstakes
or to be acting in violation of these Official Rules. Any attempt by any person to deliberately
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undermine the legitimate operation of the Sweepstakes may be a violation of criminal and
civil law, and, should such an attempt be made, Sponsor reserves the right to 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.
Acceptance of a prize constitutes prize winner’s permission for Sponsor, Administrator, 710
ESPN, and their respective successors, representatives and assigns to use their name,
voice, likeness, photograph, prize information, biographical data and city and state of
residence in programming, advertising, trade and/or promotional material or on a winner's list
without compensation or notice, to the extent permitted by law. Sponsor is not obligated to
use any of the above-mentioned information or materials, but may do so and may edit such
information or materials, at Sponsor’s sole discretion, without further obligation or
compensation.
10. Limitation of Liability: By participating in this Sweepstakes, entrants agree to release and
hold harmless Sponsor, Administrator, 710 ESPN, their respective parent, subsidiary,
affiliated and successor companies, advertising and promotion agencies and prize suppliers,
and each of their respective officers, directors, agents, representatives and employees, as
well as each of their respective successors, representatives and assigns (collectively, the
"Released Parties") for: (1) any incorrect or inaccurate information, whether caused by
entrants, printing errors or by any of the equipment or programming associated with or
utilized in the Sweepstakes; (2) technical failures of any kind; (3) unauthorized human
intervention in any part of the entry process or the Sweepstakes; (4) technical or human error
which may occur in the administration of the Sweepstakes or the processing of entries; or (5)
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 Sweepstakes or receipt or use or misuse of
any prize. No more than the stated number of prizes will be awarded.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and
causes of action arising out of or connected with this Sweepstakes or any prize awarded shall
be resolved individually, without resort to any form of class action, and exclusively by the
United States District Court for the Southern District of New York or an appropriate New York
State Court; (2) any and all claims, judgments and awards shall be limited to actual out-ofpocket costs incurred, including costs associated with entering this Sweepstakes, but in no
event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain
awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and
consequential damages and any other damages, other than for actual out-of-pocket
expenses, and any and all rights to have damages multiplied or otherwise increased. All
issues and questions concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of the entrant and Sponsor in connection
with the Sweepstakes shall be governed by, and construed in accordance with, the laws of
the State of New York, without giving effect to any choice of law or conflict of law rules
(whether of the State of New York or any other jurisdiction), which would cause the
application of the laws of any jurisdiction other than the State of New York.
12. Winner’s List: For the winner’s names, mail a self-addressed, stamped envelope to:
“vitaminwater® Hang Time 710 ESPN Sweepstakes Winners”, c/o LeadDog Marketing
nd
Group, 159 W. 25th Street, 2 Floor, New York, NY 10001, no later than 10/16/09.
© Energy Brands Inc. d/b/a glacéau 2009.
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