ONDA COOLDOWN SWEEPSTAKES
OFFICIAL RULES
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. VOID WHERE PROHIBITED. MUST BE 21 OR OLDER. NO ALCOHOL WILL BE AWARDED AS A PART OF ANY PRIZE PACKAGE.
The “ONDA COOLDOWN Sweepstakes” (“Sweepstakes”) is open to legal residents of the United States currently residing and domiciled in the United States who are twenty-one (21) years of age or older at the time of entry. Employees of Que Onda Beverage (“Sponsor”), and its affiliates, subsidiaries, wholesalers, retailers, distributors, suppliers, and advertising/ promotion agencies, as well as their immediate family (spouse, parents, children, or siblings) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes the entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
Sweepstakes begins at 12:00:00 a.m. Eastern Time (“ET”) on January1, 2023 and ends at 11:59:59 p.m. MDT on April 7, 2023 (“Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes.
Online Entry: During the sweepstakes period, you can enter the sweepstakes by completing and submitting the registration form, including a valid email address at: www.ondacooldown.com (“the Application”). Upon completion and submission of the Application, you will receive one (1) entry into the Sweepstakes.
QR Code Entry: Use your smart phone or other web-enabled device with data plan to scan the Sweepstakes quick response (“QR”) code featured on signs or promotional materials at participating stores with the QR read application already installed on your phone. You may be required to confirm your eligibility which may require you to send additional text messages and/ or emails. Your mobile phone must have 2-way text messaging capabilities. Text messaging and data rates may apply to each message sent or received, so check your mobile phone plan for rates. Upon completion and submission of the Application, you will receive one (1) entry into the Promotion.
Multiple Entries: An entrant can enter the Sweepstakes only once during the Sweepstakes Period. Multiple entries by the same person will not be counted.
Limit: Each entrant must have their own email address or mobile phone number. Multiple entrants may not share the same email address or mobile phone number. Using multiple/ different email addresses, mobile phone numbers, identities, registrations, logins, or other method to attempt to enter the Sweepstakes more than the allowed number of times will void all an entrant’s entries and that entrant may be disqualified from participation in the Sweepstakes. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. If there is a dispute as to any registration, the authorized account holder of the email address or mobile phone number used to register will be deemed the entrant. The “authorized account holder” is the natural person assigned a mobile telephone number by the wireless carrier as shown on the carrier’s billing records, or 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. Potential winners may be required to show proof of being the authorized account holder. All entries become the exclusive property of the Sponsor and may not be returned.
One (1) potential winner will be selected to receive Visa Gift Card in a random drawing to be held on or about April 14, 2023 from among all eligible Entries received by Administrator, whose decisions are final in all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible Entries received during the Sweepstakes Period.
Approximate Retail Value (“ARV”): Visa Gift Card valued at two thousand five hundred dollars ($2,500).
Total ARV of all Prizes: $2,500. Should the actual retail value be less than the stated approximate retail value, the difference will not be awarded in cash or in any other form.
NO WARRANTIES BY SPONSOR: SPONSOR DOES NOT WARRANT THE PRIZE. WINNER’S WARRANTY RIGHTS WITH RESPECT TO THE PRIZE WILL BE LIMITED TO THOSE WARRANTY RIGHTS THAT THE PRIZE MANUFACTURER MAKES AVAILABLE AND ALLOWS SPONSOR TO PASS TO THE WINNER, IF ANY. SPONSOR DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUR LIMITATION, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT. THE WINNER SHOULD PERFORM THEIR OWN DUE DILIGENCE BEFORE MAKING A DECISION TO ACCEPT THE PRIZE.
Sponsor’s decision as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. Sponsor or an independent third party will randomly select the potential winners on 4 occasions and will be selecting from all eligible entries on or about the thirtieth (30th) day of each month of the Sweepstakes period.
The prize will be awarded. Potential Sweepstakes winner will be notified by mail, email, or phone call prior to April 21, 2023. If potential winner of any prize cannot be contacted within seven (7) days of Sponsor’s sending a notification, or a prize is returned as undeliverable, the potential winner forfeits that prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be 1 alternate drawing, after which the prize may remain unawarded, in Sponsor’s sole discretion. Unclaimed prizes will not be awarded. Sponsor is not responsible for a potential winner not receiving a prize notification for any reason.
Winner’s may waive the right to receive prizes, but will not receive any alternate prize or cash value. Prizes are not assignable or nontransferable. No substitutions allowed by the winner. The sponsor reserves the right to substitute prizes of equal or greater value. Winners are solely responsible for reporting and payment of taxes, fees, and insurance costs associated with a prize receipt or use as well as registering, permitting, or licensing the prize, if required. Potential winners may be required to complete an Affidavit of Eligibility and/or Liability and Publicity Release and any other documents reasonable requested by Sponsor (except where prohibited by law) which must be returned within ten (10) days of date of personal delivery or date of postmark. Failure to sign and return the affidavit, release, or any other document required by Sponsor within ten (10) days, or to comply with any term or condition of these Official Rules, may result in a potential winner’s disqualification, and the forfeiture of his or her interest in the prize. Prizes not claimed by the eligible winners in accordance with these Official Rules within two (2) months of Sponsor’s receipt of the necessary releases and consents will not be awarded and will remain the property of Sponsor. If the winner is permitted to include a guest(s) as part of a prize, the guest(s) must be twenty-one (21) years of age or older as of the date the winner attempts to claim any prize of the Sweepstakes and guest will also be required to complete, sign, and return a liability and publicity release within twenty-four (24) hours of winner’s prize acceptance. Should a potential winner be unwilling or unable to accept a prize for any reason, the prize will be forfeited, and an alternate potential winner will be randomly selected, if feasible.
For the names of winners, send a self-addressed, stamped envelope to Don Jagoda Associates, Inc. 100 Marcus Drive, Melville, NY 11747. A winner’s list will be available for thirty (30) days after the Sweepstakes ends. DO NOT SEND ANY OTHER CORRESPONDENCE OR ENTRIES TO THIS ADDRESS.
Any Submission, Entry, or Acceptance of any prize offered constitutes winner’s consent to Sponsor’s and its agents’ use and publication of their name, voice, biographical information, photograph, likeness, opinions and hometown and state in any media for any commercial or promotional purpose, including without limitation for the purpose of advertisement in public and on the Internet, without further compensation or other consideration.
By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. In the event the Sweepstakes is compromised by a pandemic, non-authorized human intervention, fraud, technical failure, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness, integrity, or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. 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 or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law. If such an attempt is made, Sponsor may 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 or that provision. Any prizes depicted on promotional packaging, point of sale, or otherwise in connection with this Sweepstakes are for illustrative purposes only and may not be the actual prize awarded or received.
BY ENTERING THE SWEEPSTAKES, YOU RELEASE, DISCHARGE, AGREE NOT TO SUE, INDEMNIFY, AND HOLD HARMLESS SPONSOR, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/ PROMOTION AGENCIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYESS, LICENSEES, SPONSORS AND AGENTS FROM AND AGAINS ANY AND ALL LIABILITY, CLAIM, DEMAND, LOSS, DAMAGE, OR CAUSE OF ACTION OF ANY KIND ARISING, DIRECTLY OR INDIRECTYL, OUT OF (A) PARTICIPATION IN THE PROMOTION, INCLUDING, BUT NOT LIMITED TO TECHNICAL OR TRANSMISSION ERRORS, INTERRUPTIONS, MALFUNCTIONS, FAILURES OR DELAYS, SUSPENSIONS, MODIFICATION, OR TERMINATION OF THE PROMOTION, DICONNECTIONS IN PHON LINES OR NETWORK HARDWARE OR SOFTWARE, UNAUTHORIZED HUMAN INTERVENTION IN THE PROMOTION, ADMINISTRATIVE OR PROCESSING ERRORS, INCORRECT OR IN ACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS, OR ERROS IN EQUIPMENT OR PROGRAMING USED IN ASSOCIATION WITH THIS SWEEPSTAKES, LATE, LOST OR UNDELIVERABLE MAIL, E-MAIL, TEXT MESSAGES, PHONE CALLS OR SHIPMENTS, AND (B) RECEIPT, USE OR MISUSE OF ANY PRIZE, INCUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, DAMAGE TO OR LOSS OF PROPERTY, VIOLATION OF ANY LAW, RULE, OR REGULATION, OR FAILURE TO PAY TAXES.
If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event than production, technical, seeding, programming or any other reasons cause more than the 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 by a random drawing among all legitimate, unawarded, eligible prize claims.
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 Delaware or the appropriate State Court in Delaware; (2) any and all claims, judgements and awards shall be limited to actual out-of-pocket 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 right 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, Administrator and Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware.
Information collected from entrants is subject to the Sponsor’s Privacy Policy, which you may view at https://drinkonda.com/policies/privacy-policy
Que Onda Beverage, Inc., 853 Broadway, Suite 905, New York, NY 10003
If you have any questions regarding this Sweepstakes, please contact cheers@drinkonda.com