NYC Giveaway

2019 Acqua Panna® NYC Giveaway Official Rules
Official Rules

1.    General:  The 2019 Acqua Panna® NYC Giveaway Official Rules (the “Giveaway”) begins at 12:01 a.m. EST on December 21, 2019 and ends at 11:59 p.m. EST on December 23, 2019 (the “Promotion Period”).  NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE GIVEAWAY.  Purchase does not improve odds of winning.  By participating in the Giveaway, you agree to these Official Rules, including all restrictions and limitations herein.  The Giveaway is void where prohibited by law and where the Giveaway does not comply with applicable legal requirements.

2.    How to Enter:  

a.    To enter via social media: 

i.    Instagram:  Use your Instagram account to access @newyorkcity during the Promotion Period, locate the Acqua Panna® NYC Giveaway related post and follow the below participation requirements: i) Follow the official Acqua Panna brand Instagram account (@acquapannausa); ii) Comment on Acqua Panna® NYC Giveaway related post; and iii) Your post must also “@mention” a friend with whom you have a personal relationship, and must include the relevant hashtag #AcquaPannaNYCGiveaway.  The authorized account holder of the Instagram account will receive one (1) entry into the Giveaway.

You must include “#AcquaPannaNYCGiveaway” in your social media entry.  

b.    To enter via e-mail:  E-mail your full name, phone number and date of birth to [email protected]  E-mail entries must be received during the Promotion Period.  The person whose information is submitted will receive one (1) entry into the Giveaway.  In the event of any dispute as to the entrant’s identity, the authorized account holder of the e-mail address used to submit the entry will be deemed the entrant.  Limit one (1) entry per e-mail received.  

“Authorized account holder” means the natural person assigned the e-mail address used to enter the Giveaway or create the social media account used to enter the Giveaway.  All entries are subject to the eligibility restrictions below.

Participation Requirements: To participate, you will need to have an Instagram account. Creating one is free but is subject to the applicable terms and conditions (http://instagram.com/about/legal/terms/#). Posting on Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Your submission need not include any reference, positive or negative, to Sponsor’s products or services. Including a photo of the Acqua Panna® brand product will not increase your chances of winning.
Your post and its included content must be your original work. If you include the names or likenesses of other individuals, you must have their permission to be included and to grant the rights set forth in Section 10 below.

3.    Eligibility:  The Giveaway is open only to legal residents of the 50 United States and D.C. who are at least 18 (19 or older in Alabama and Nebraska; 21 or older in Mississippi) at the time of entry, subject to all applicable laws and regulations.  Employees of Sponsor, The Olgivy Group, LLC, Circa Apparel, LLC, or any parent, subsidiary, affiliate, or advertising or promotion agency of any of the foregoing (such entities, the “Giveaway Parties”), and any such employee’s immediate family members (e.g., parent, step-parent, sibling, half-sibling, step-sibling, child, step-child and spouse) or any person living in the same household as such individuals, are not eligible to enter the Giveaway.  Any false or deceptive entries or acts by you will render all of your entries ineligible.  You may not use any programmed, robotic, automatic, or similar methods of entry, and incomplete or partial entries may be disqualified.  You may not violate, misappropriate, or infringe any intellectual property, privacy, publicity, contractual or other right of any third party or any applicable law, rule, regulation, standard or guideline.  Your entry may not be abusive, discriminatory, defamatory, threatening or otherwise inappropriate.

4.    Winner Selection and Notification:  Winner(s) will be selected in a random drawing conducted on or about January 5th, 2020.  Each winner will be notified promptly after the drawing, and must respond to such notification as directed within three (3) days after its transmission by Sponsor.  If requested by Sponsor and not prohibited by law, a winner must complete, sign, have notarized and postmark an Affidavit of Eligibility/Liability Release within five (5) business days after its delivery to the winner.  All prizes will be awarded as long as a sufficient number of eligible entries are received.

5.    Disqualification:  Sponsor may disqualify any winner (in which case the winner forfeits all prizes) if the winner fails to comply with these Official Rules (as determined by Sponsor in Sponsor’s sole discretion) or if Sponsor is unable to contact such winner (or any notice or prize is returned as undeliverable).  In the event of disqualification of a winner, Sponsor may select an alternate winner in a random drawing in Sponsor’s sole discretion.

6.    Disclaimer:  None of the Giveaway Parties is responsible or liable for stolen, misdirected, incomplete, illegible, lost, late, damaged or destroyed 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 any warranty, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose.  None of the Giveaway Parties is responsible or liable for any errors in the offer or administration of the Giveaway.  In the event that any matter beyond Sponsor’s reasonable control (including without limitation technical failures) prevents or impairs the administration, fairness or security of the Giveaway, Sponsor reserves the right to cancel, modify, suspend or terminate the Giveaway in its sole discretion.

7.    Description of Prize(s) and Approximate Retail Value (“ARV”):  One (1) prize will be awarded consisting of: one (1) @newyorkcity developed gift basket, one (1) $250 gift card, and a sample of Acqua Panna® Natural Spring Water, as designated by Sponsor. One prize will be awarded. Approximate Retail Value (“ARV”) of all prizes: $400. Sponsor makes no warranty with respect to any prize. No transfer or substitution of any prize except by Sponsor due to unavailability. All taxes and expenses relating to acceptance and/or use of prize are the sole responsibility of winner. Sponsor will report the value of any prize as required by law.

8.    General Prize Terms:  Odds of winning depend on the number of eligible entries received.  Winner(s) will be selected in a random drawing from among all eligible entries received.  None of the Giveaway 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 award and the ARV in these Official Rules.  The ARV of the prize(s) is based on information available to Sponsor.  Prize details not specified herein shall be determined by Sponsor in its sole discretion.  Prizes are subject to availability.  Sponsor reserves the right to substitute a prize of equal or greater value in Sponsor’s sole discretion.  Prizes are nonrefundable, not transferable and not redeemable for cash, and no cash alternative to any prize will be awarded.  All taxes on a prize are the sole responsibility of the winner.  The value of any prize awarded to a winner may be reported for tax purposes, and such winner must provide additional information upon request so that Sponsor can comply with tax reporting obligations. Additional restrictions may apply, including to the availability, receipt or use of any prize.

9.    Release and Indemnification:  BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE: (A) TO BE BOUND BY THESE OFFICIAL RULES AND SPONSOR’S DECISIONS AND (B) TO IRREVOCABLY RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE GIVEAWAY PARTIES, INSTAGRAM, LLC AND FACEBOOK, INC. (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES (INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE AND DEATH) AND LIABILITY ARISING OUT OF OR RELATED TO THE GIVEAWAY OR ANY PRIZE.

10.    Publicity and Intellectual Property:  Where permitted by law, by participating in the Giveaway, you grant each of the Giveaway Parties and their respective contractors and agents the right to print, publish, broadcast, and use, in whole or in part, any materials you submit in connection with the Giveaway, as well as your name, likeness, voice, portrait, picture, statements attributable to you, city and state of residence, and other biographical information, for advertising and promotional purposes throughout the world in any and all media known or existing now or at any time in the future, without further approval, notification or compensation.

11.    List of Winners / Copy of Official Rules:  Please visit https://www.acquapanna.com/us/nyc-giveaway-rules for a copy of these Official Rules.  For a copy of these Official Rules or a list of prize winners, mail your request and a stamped, self-addressed envelope within 6 months after the Promotion Period to Sponsor at its address below.

12.    Governing Law:  These Official Rules and the Giveaway are to be governed by the laws of Connecticut without regard to the conflicts of laws principles of any jurisdiction.  

13.    Arbitration:  Any dispute or cause of action relating in any way to these Official Rules or the Giveaway shall be submitted to confidential arbitration in Stamford, Connecticut.  Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration by any party under these Official Rules shall be joined to an arbitration involving any other party subject to these Official Rules, whether through class arbitration proceedings or otherwise.  In no event shall the arbitrator be entitled to award exemplary, treble or any other form of punitive damages, regardless of the claims raised.

14.    Privacy:  Except as otherwise contemplated in these Official Rules, personal information collected in connection with the Giveaway will be used in accordance with Sponsor’s privacy policy at http://www.nestle-watersna.com/Privacy.htm.

15.    Miscellaneous:  The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  You hereby waive all rights to claim ambiguity of these Official Rules.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that term.  When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion.  The Giveaway is not sponsored, endorsed or administered by, or associated with, Instagram, LLC, Facebook, Inc. or Twitter, Inc.  Your use of Instagram, Facebook or Twitter is governed by applicable terms of use.  Decisions of Sponsor are final and binding in all matters related to the Giveaway.  

16.    Sponsor:  Nestlé Waters North America Inc., 900 Long Ridge Road, Building 2, Stamford, CT 06902-1138.