Poland Spring® Boston Marathon Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Poland Spring® Boston Marathon Sweepstakes
(the “Sweepstakes”) is open only to legal residents of Maine, Vermont, New Hampshire,
New York, Massachusetts, Rhode Island, New Jersey, Delaware, Connecticut
and Pennsylvania who are at least eighteen (18) years old at the time of entry,
are not registered with but are prepared and able to participate in the 126th
Boston Marathon on April 18, 2022. To receive the prizes described in
this Sweepstakes, each potential winning entrant must be fully vaccinated against
COVID-19 in order to participate in the 126th
Boston Marathon. See the B.A.A
website for more information regarding the COVID-19 vaccination requirement.
See also, https://www.baa.org/races/boston-marathon
for additional information on the 126th Boston Marathon. Individuals who have secured
entry and are registered to participate in the 126th Boston Marathon scheduled
for April 18, 2022 are not eligible to enter this Sweepstakes. You do not need
a B.A.A. qualifying time to enter this Sweepstakes. Employees of BlueTriton Brands, Inc., Boston Athletic Association (“B.A.A.”),
Merkle, Inc. and their parent and affiliate companies as well as the immediate
family (spouse, parents, siblings and children) and
household members of each such employee are not eligible. The Sweepstakes is
subject to all applicable federal, state, and local laws and regulations and is
void where prohibited. Participation constitutes entrant’s full and
unconditional agreement to these Official Rules. Sponsor’s and Administrator’s
decisions are final and binding in all matters related to this Sweepstakes. Winning
a prize is contingent upon fulfilling all requirements set forth herein,
including consent to a confidential background check to confirm the potential Grand
Prize winners’ eligibility and compliance with these Official Rules. Due
to the nature of the prize offered, if a background check reveals that a
potential winner has engaged in conduct that could damage the reputation of or
reflect unfavorably on Sponsor or any of the Released Parties, as determined by
Sponsor in its discretion, the potential winner may be disqualified.
4. How to Enter:
Participation
Requirements: To
participate, you will need an Instagram account. Creating an Instagram account
is free but is subject to Instagram’s terms and conditions. If entering via a mobile device and using your
wireless carrier’s network, standard data charges from your wireless carrier
may apply.
Content Restrictions for your Entry:
·
Your
Submission must not convey any claims of Sponsor’s products or services that would
be deemed unsubstantiated or deceptive if made by Sponsor;
·
You
must have consent or permission to include the names, images or likenesses of other
individuals that clearly appear or are prominently depicted in your Submission (“Third
Party Indicia”) and you must have obtained from these third parties the right for
Sponsor to use the Third Party Indicia as set forth in
Section 5 below. Your Submission may not include the names, images or
likenesses of minors (children below eighteen (18) years or twenty
one (21) years of age as the term “minor” is defined by the State where
the entrant resides) unless you have the consent or permission of the parent(s)
or legal guardian(s) of minor.
·
Your
Submission must not disparage Sponsor or any other parties;
·
Your
Submission must not make references to or include: alcohol, illegal drugs, tobacco, firearms/weapons,
any activities that are or appear to be dangerous, or any political agenda;
If your entry meets all of the above requirements, you automatically will receive one (1) entry into the Sweepstakes drawing.
6. Grand Prize
Drawing & Winner Requirements:
Administrator is an independent judging organization whose decisions as to the
administration and operation of this Sweepstakes and the selection of the
potential winners are final and binding. Administrator will randomly select the
potential Sweepstakes winners from all eligible entries received during the
Promotion Period, on or around February 3, 2022. Prior to notification, Sponsor
will review each potential winner’s social presence on Instagram to confirm
that each potential
winner has not engaged in conduct that could damage the reputation of or
reflect unfavorably on Sponsor, the B.A.A. or any of the Released Parties, as
determined by Sponsor in its discretion. Once approved, each potential winner will be notified by @PolandSpringWtr through Instagram
on or around February 7, 2022 and will be directed to a secure online
claim form and asked to
provide their name, email address, mailing address and date of birth to confirm
eligibility and for prize fulfillment purposes within three (3) days of the date
notice or attempted notice is sent in order to claim
the prize. Once this step is completed, potential winners will be required to
complete, sign, and return a (a) Declaration of Compliance, Liability Waiver
and, where not prohibited, a Publicity Release (“Declaration”) including agreement
to a confidential background check, and (b) a separate Publicity Release from
Sponsor must be received by Administrator within three (3) days of the date
notice or attempted notice is sent in order to claim
the prize. As part of accepting this prize, potential winner will be asked to
(a) Acknowledge the inherent risk of exposure to COVID-19 by accepting
this prize and voluntarily accept the risks associated with this exposure;
(b) Sign additional consent forms provided by the
B.A.A. to participate in the Boston Marathon and be prepared to provide
evidence that winner is vaccinated as required by the B.A.A. upon check-in at
the Boston Marathon;
(c)
Consent to being filmed by Sponsor at multiple times to be determined
by Sponsor in its sole discretion, including events related to acceptance of
this prize, such as but not limited to the 126th Boston Marathon (“Prize
Footage”). Sponsor
will own the Prize Footage as set forth in the Publicity Section below; and
(d) Post at least one
(1) post regarding their training journey on Instagram prior to the Boston Marathon
(“Winner’s Posts”). Instructions and
requirements will be provided by Sponsor to each confirmed winner. All social
posts must comply with the Federal Trade Commissions’ endorsement and testimonial
guides and must disclose winner’s relationship to Sponsor, for example, by
including “sponsored” or “paid” or “ad” in the post. Failure to complete the social
posts may result in forfeiture of the prize in Sponsor’s sole discretion.
If a potential winner of a prize cannot be
contacted, fails to provide the requested information and documents within the required time
period, or if any background
check reveals that a potential winner has engaged in conduct that could damage
the reputation of Sponsor or any of the Released Parties, as determined by Sponsor
in its sole discretion, Sponsor may disqualify the potential winner. Receiving a prize is contingent upon compliance with
these Official Rules. In the event that a potential
winner forfeits the prize or is disqualified for any reason, Sponsor will award
the applicable prize
7. Prizes: TEN (10) GRAND PRIZES: The Grand
Prize includes: (a) one (1) complimentary entry into the 126th Boston Marathon (scheduled for April 18, 2022); and (b) one
(1) Race Kit which includes (i) one
(1) Poland Spring-branded technical racing shirt; (ii) one (1) Poland Spring
branded water bottle and (iii) one (1) Poland Spring branded towel; (c) one (1)
year ReadyRefresh
Refresh+ Hydration Hero beverage home-delivery subscription (“ReadyRefresh Subscription”) and (d) one (1) $150 Visa Prepaid
Card, to be used toward beverage purchases using your ReadyRefresh
Subscription.
The
ReadyRefresh Subscription prize is subject to its terms and conditions. Should a
winner live outside the ReadyRefresh service area, Sponsor will substitute that portion of the prize with one
of equal or greater value, in Sponsor’s sole discretion. Winner’s Visa
Prepaid Card will be delivered via email from notification@prepaiddigitalsolutions.com
with instructions for claiming the card. Winner must claim the card within three
(3) months from the date the instructions are sent via email. Winner’s right to
the payment expires after that time. Winner may use a Visa Prepaid Card
anywhere Visa debit cards are accepted in the U.S. The card may not be used at
any merchant, including internet and mail or telephone order merchants, outside
of the U.S. Card is issued by The Bancorp Bank, Member FDIC, pursuant to a
license from Visa U.S.A. Inc. Winner’s use of the prepaid card is governed by
the Cardholder Agreement, and some fees may apply. This is not a gift card.
Please note that prepaid cards are subject to expiration, so pay close
attention to the expiration date of the card.
Approximate
Retail Value (“ARV”) of each prize: $500.
There
exists an inherent risk of exposure to COVID-19 in any public place where
people are present. COVID-19 is a contagious disease that can lead to severe
illness and even death. By traveling and participating in the Boston Marathon,
winner voluntarily assumes all risks related to exposure to COVID-19. All expenses associated with travel to Boston
to participate in the 126th Boston Marathon, including, but not
limited to, airfare, hotel accommodations, ground transportation, meals, or
beverages are the sole responsibility of the prize winners.
Prizes are non-transferable,
and no substitution will be made except as provided herein at the Sponsor’s
sole discretion. Sponsor reserves the right to substitute a prize for one of
equal or greater value if the designated prize should become unavailable for
any reason. Winners are responsible for all taxes and fees associated
with prize receipt and/or use. Odds of winning a prize depend on the number of
eligible entries received during the Promotion Period. Total ARV of all prizes: $5,000.
8. Release: By entering this Sweepstakes, entrants agree
to release, and hold harmless Sponsor, B.A.A., Administrator, Instagram, LLC, and
their respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies, and prize suppliers, and each of their respective
parent companies and each such company’s officers, directors, employees and
agents (collectively, the “Released Parties”) from and against any claim or
cause of action, including, but not limited to, personal injury, death, or damage
to or loss of property, third party claims involving the right to privacy,
right of publicity, or intellectual property infringement, arising out of
participation in the Sweepstakes or receipt or use or misuse of any prize.
9 Publicity:
Except where prohibited, participation in this Sweepstakes constitutes each winner’s
consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness,
Submission, Winner’s Posts, photograph (including, without limitation, winner's
Instagram profile photo), Prize Footage, voice, opinions and/or hometown and
state for promotional purposes in any media, worldwide, without further payment
or consideration to winner.
10. General Conditions: Sponsor reserves the right to cancel,
suspend and/or modify the Sweepstakes, or any part of it, if any fraud,
technical failures, human error or any other factor
impairs the integrity or proper functioning of the Sweepstakes, as determined
by Sponsor in its sole discretion. In such event, Sponsor, in its sole 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. 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 the Official
Rules of this 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, 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.
11. Limitations
of Liability: The Released Parties are not responsible 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, including, but not limited to
malfunctions, interruptions, or disconnections in phone lines or network
hardware or software; (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; (5)
late, lost, undeliverable, damaged or stolen mail; or (6) 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. If for any
reason an entrant's entry is confirmed to have been erroneously deleted, lost, not
received, or otherwise destroyed or corrupted, entrant’s sole remedy is another
entry in the Sweepstakes, if it is possible. No more
than the stated number of prizes will be awarded. In the
event that 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,
un-awarded, eligible prize claims. In no event will the Released Parties be
responsible or liable for any damages or losses of any kind, including direct,
indirect, incidental, consequential, or punitive damages arising out of or
related to these Official Rules or this Sweepstakes. Without limiting the
foregoing, everything on the site is provided "as is" without
warranty of any kind, either expressed or implied, including but not limited to
the implied warranties of merchantability, fitness for a particular purpose or
non-infringement. Some jurisdictions may not allow limitations or the
exclusions of liability for incidental or consequential damages, or exclusion of
implied warranties, so some of the aforementioned limitations
or exclusions may not apply.
13. Entrant's Personal
Information:
Information collected from entrants is subject to Sponsor’s Privacy Policy.
14. Winner List: For a list of the winners, visit https://bit.ly/3rjhFoT. The
winner list will be posted after winner confirmation is complete.
© 2022 BlueTriton
Brands, Inc. All rights reserved.
This promotion is in no
way sponsored, endorsed or administered by, or associated with Instagram, LLC.