NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF 48 CONTIGUOUS US/DC, 21 YEARS OF AGE OR OLDER, WHO ENTER FROM WITHIN THE 48 UNITED STATES OR THE DISTRICT OF COLUMBIA.
- Eligibility: Agua Bonita presents “End of Summer Giveaway” Sweepstakes (“Sweepstakes”) is open to: legal residents of the contiguous forty-eight (48) United States and the District of Columbia (excluding Alaska and Hawaii), who are at least twenty-one (21) years of age or older, all at the time of entry. Employees, contractors, directors, officers, and agents of Agua Bonita Inc. (“Sponsor”), affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies, and members of their immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such individual (whether or not related) are not eligible to enter or win.
PLEASE NOTE: The “Event” (as defined in Section 6) venue may require Event attendees to be fully vaccinated against COVID-19 or that such attendees wear a mask, or both, as a condition of attending the Event. In the event that full vaccination is required, all attendees would be required to provide physical or electronic proof of full vaccination against COVID-19 as administered by an authorized state or similar authority at least fourteen (14) days prior to the Event. Sponsor is not responsible and shall have no further obligation to any winner or their guests should any winner or their guests be denied admission to the Event in the event that they cannot provide adequate proof of vaccination or mask at the time of the Event. Attendees must follow all Event venue health and safety rules with regard to distancing and wearing masks, if any.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void in Alaska and Hawaii and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor: Agua Bonita Inc. 1 2006 W Humboldt Drive Hanford, California 93230
- Sweepstakes Entry Period: The Sweepstakes begins on August 9, 2022 at 8:00:00 am Pacific Time (“PST”) and ends on Septemeer 8, 2022 at 11:59 pm PST (the “Sweepstakes Entry Period”). All entries must be received before the Sweepstakes Entry Period end time/date to be valid.
- How to Enter: During the Sweepstakes Entry Period, visit https://www.drinkaguabonita.com/pages/end-of-summer-giveaway/ (the “Website”) and submit your name, email address, date of birth, zip code, phone number, and/or any other information requested by the Sponsor to receive one (1) entry into the Sweepstakes. Individuals will also be required to check a box agreeing to these Official Rules. Individuals who do not follow all of the instructions, provide the required information, timely submit the registration form, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. Some consumers may receive a Sweepstakes registration link or access to a Sweepstakes entry form via a Facebook advertisement. To enter the Sweepstakes via such link or entry form, follow the instructions above (submit your name, email address, phone number, and/or any other information requested by the Sponsor during the Sweepstakes Entry Period). All valid entries shall be entered into a single Sweepstakes drawing pool, regardless of how entrant accessed the entry page.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
- Drawing: On or around September 9th, 2022, Sponsor will select one (1) potential winner from among all eligible entries received during the Sweepstakes Entry Period. Odds of winning a prize depend on the number of eligible entries received.
On or around September 9th, 2022, Sponsor will attempt to notify the potential winner via telephone at the telephone number entrant provided during entry into the Sweepstakes; Sponsor will attempt to contact the potential winner up to three (3) times within the twenty-four (24) hour period on September 9th. If the Sponsor cannot reach a potential winner during such twenty-four (24) hour period, such potential winner shall be disqualified and shall lose any opportunity to be a potential winner. Sponsor is not required to leave a voicemail message on any potential winner’s mailbox. Sponsor is not responsible for an inability to contact a potential winner for any reason, including if their phone is not working, not receiving calls, or does not have service. Potential winner is subject to verification. Potential winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within three (3) business days of attempted notification or prize may be forfeited. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. If Sponsor is unable to award or deliver a prize, Sponsor may elect to select an alternate winner if sufficient time remains prior to the event (which potential winner shall be subject to the same winner notification process and timelines as set forth in this Section) or the prize may not be re-awarded and, in Sponsor’s discretion, may go unawarded. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
- Prize (1): One verified Prize winner (the “Winner”) will receive: (i) one (1) ticket for the Winner and their one (1) designated traveling companion, subject to the other terms hereof (a “Guest”), to Agua Bonita end of summer giveaway in San Diego, California on September 18th, 2022(the “Event”), (ii) travel expenses (in the 48 contiguous US) as of the date of entry in the Sweepstakes (the “Home Airport”) to an airport selected by Sponsor in or near San Diego, California (“Destination Airport”), (iii) hotel exppenses (2) night double occupancy hotel accommodations at a hotel designated by Sponsor (i.e., one double occupancy room shall be shared between Winner and his or her Guest). Approximate Retail Value (“ARV”) of entire prize: $5,000. Tickets to the Event have no retail value. Actual value of trip may vary based on Home Airport and airfare fluctuations. Any difference between stated ARV and actual value of prize will not be awarded. Selection of the airline, Home and Destination Airport, and lodging are up to Winner’s discretion. If in the judgment of Sponsor, air travel is not required due to a winner’s proximity to San Diego, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Winner. *Winner and guest must be willing to submit to, and (if required) receive negative results, in an on-site COVID test before being able to attend meet and greet. If a negative COVID test is required and either the Winner or their Guest receives a positive COVID result, then neither the Winner nor the Guest will have the opportunity to attend the meet and greet.
Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize description herein, including but not limited to, all ground transportation, in-room charges (e.g., mini-bar, room service, telephone, movies, etc.), meals and beverages, gratuities, travel upgrades, baggage fees, and personal incidentals. Winner must be able to travel to San Diego, CA from September 18, 2022 until September 19, 2022. In the event the winner cannot travel to San Diego CA on the dates specified, such winner may be disqualified and the prize will be forfeited. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability and other material restrictions may apply. Winner and Guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Winner and Guest must travel on same itinerary, including same flight to/from Home Airport. Sponsor is not responsible for any fees or additional charges resulting from a Winner’s or Guest’s change to itinerary or accommodations. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions, or any act or omissions whatsoever by the air carriers, cottage owner, or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. If the Winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize award and no other compensation in lieu of the prize will be awarded. Winner and Guest are responsible for obtaining his/her own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required.
Additional prize award details and travel information to be provided to the winner at the time of notification. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.
Attendance and participation in the Event is subject to any and all additional requirements, conditions or restrictions of or communicated by the Event venue, including, without limitation, any requirements, conditions or restrictions included or referenced on the tickets provided to attend the Event. The Event organizer, Sponsor, and/or related party shall have the right to make changes to the Event in its sole discretion and Sponsor shall have no responsibility to any Winner or his or her Guest therefor.
Sponsor is not responsible for any delay or cancellation of any prize portion (including, without limitation, the Event) due to unforeseen circumstances, or those outside of Sponsor’s control. Winner and Guest agree to comply with all applicable regulations in connection with the hotel stay.
Because COVID-19 is a novel virus, Winner agrees and acknowledges that there is always a risk with travel and attendance at the Event and Sponsor shall not be responsible for any such risk or outcome. Further, Sponsor is not responsible for any change or difference in the availability of any amenities, offerings, or otherwise when such arises out of our effort to adhere to changes in regulations and protocols with respect to COVID-19, over which we have no control.
Winner and Guest agree to comply with all applicable venue regulations in connection with the Event and meet and greet. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to Winner and his/her Guest who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any person at the Event or meet and greet or in any other objectionable behavior.
Limit: one (1) prize per person/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.
- Release: As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, Facebook, Inc. and (collectively, “Sweepstakes Parties”), from any and all liability, loss, claim or damage, including, but not limited to, personal injury, death, or damage to or loss of property, incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith or any travel related thereto; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all 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 (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
- Publicity: Except where prohibited by law, Winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, social media handle, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
- General Conditions: By participating, entrants agree to these Official Rules and the decisions of Sponsor with respect to the Sweepstakes and the awarding of any prize, which shall be final and binding in all respects. Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, 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.
- Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
- Governing Law & Jurisdiction: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Tampa, Hillsborough County, Florida.
- Entrant’s Personal Information: Please see the privacy policy located at https://www.drinkaguabonita.com/pages/privacy-policy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
Facebook is not a sponsor of this Sweepstakes. All questions and concerns regarding this Sweepstakes shall be addressed to Agua Bonita Inc, not to Facebook.
