Prime Day Giveaway
The “Poppi Prime Day” Giveaway (the “Sweepstakes”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENED FOR ENTRY IN THE UNITED STATES ONLY AND WILL BE GOVERENED BY U.S. LAW.
The Sweepstakes is not sponsored, endorsed, or administered by TikTok, Peloton or Amazon. By entering the Sweepstakes, you acknowledge that TikTok, Peloton and Amazon bear no responsibility for the Sweepstakes, and you hereby release TikTok, Peloton and Amazon from any liability whatsoever in connection with this Sweepstakes. You understand that you are providing information to the Sponsor and not to TikTok, Peloton or Amazon. Names, logos, and/or materials associated with prize descriptions are used for purposes of promotion and/or prize descriptions only and such use is not intended to suggest or imply sponsorship or endorsement of this Sweepstakes.
SPONSOR: VNGR BEVERAGE, LLC, located at 4102 Ridgelea Dr, Austin, TX 78731 (the “Sponsor”).
SWEEPSTAKES DATES: The Sweepstakes starts at 12:00AM Central Standard Time (“CST”) on July 7, 2022 and ends at 11:59PM CST on July 13, 2022 (the “Sweepstakes Period”). For purposes of these Official Rules, all times are given in Eastern Time.
ELIGIBILITY: The Sweepstakes is open only to permanent legal United States residents residing in the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older (or the age of majority in their jurisdiction of residence) at the time of entry (each, an “Entrant”). The Entrants who are selected as the potential grand prize winners (each, a “Grand Prize Winner”) must have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the grand prize (the “Grand Prize”). Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Sponsor, and each of its respective parent companies, divisions, affiliates, subsidiaries, distributors, advertising and agencies, and any others engaged in the development, production, execution or distribution of this Sweepstakes, including but not limited to National Sweepstakes Company, LLC (the “Independent Administrator”) (all of the aforementioned collectively referred to as the “Sweepstakes Entities”), are not eligible to participate. The Sweepstakes is subject to all federal, state, and local laws and regulations and is void outside of the fifty (50) United States and the District of Columbia and wherever else restricted or prohibited by law. By entering this Sweepstakes, Entrants indicate their full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor and/or Independent Administrator, which are final and binding in all respects. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: In order to enter the Sweepstakes, Entrant must be a registered TikTok user. To become a registered user, visit www.tiktok.com and follow the instructions prior to entering this Sweepstakes. To enter, visit @drinkpoppi on TikTok and locate the Sweepstakes post which will be posted on July 7, 2022 (the “Post”). Then, complete the following one (1) step to enter:
- Share your favorite Poppi flavor (i.e. Strawberry Lemon, Orange, Root Bear, Etc) in the comment section of the Post
Upon completing the above one (1) step, Entrant will receive one (1) entry into the Sweepstakes. All of the above steps are required in order to gain entry into the Sweepstakes and be eligible to win a Grand Prize. Limit of one (1) entry per Entrant during the Sweepstakes Period. There will only be one (1) Post made by Sponsor in which the Entrant must complete the steps above to receive the entry. Entrant’s TikTok profile setting must be set to “public” in order to be viewable by the Sponsor and eligible for the random drawing. If the Entrant’s account is not set to “public”, the Sponsor may not view the entry and the Entrant will not be eligible to win. Entrant may not use multiple Tiktok accounts to enter.
In the event of a dispute regarding the identity of the person who submitted an entry, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address connected with the TikTok account from which the entry was sent. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the 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. An Entrant may be requested to provide Sponsor with proof that the Entrant is the Authorized Account Holder of the email address associated with the entry. Any attempt by any Entrant to enter this Sweepstakes using multiple/different accounts or any other methods may void the Entrant’s entries and may result in disqualification, at the sole discretion of Sponsor. Use of any automated system to participate in the Sweepstakes is prohibited and may result in disqualification.
Entrant’s entry (including any comments left on Sponsor’s TikTok page) cannot infringe on the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party. Post comment must be in English and must NOT include the brand name or the trademark of any other, except for Sponsor. Entries not meeting the requirements as set forth in these Official Rules or entries that contain prohibited, inappropriate, or irrelevant content, as determined by Sponsor and/or Independent Administrator in their sole discretion, will not be eligible and will be disqualified. Any entry suspected by Sponsor and/or Independent Administrator of violating the proprietary rights of any third party (including but not limited to intellectual property rights and rights of privacy/publicity), or any local, state or federal law(s) will be disqualified, at Sponsor’s sole discretion. Each Entrant further agrees and warrants that he/she shall not submit any entry that is known by the Entrant; (a) to be false, inaccurate, or misleading; (b) that infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) that is or may reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation. Entries; (a) containing general obscene, lewd, crude, vulgar, profane, defamatory or inappropriate text, including acts of violence or acts that appear to cause harm, and/or (b) containing other offensive content and/or any content expressing explicit, graphic or excessive indecent content that is or could be considered inappropriate, unsuitable, or offensive, and/or (c) containing and displaying third-party brands prominently and intentionally, or any materials that violate or infringe (or may infringe) any copyright (including, without limitation, music or artistic work), trademark, logo, or other mark that identifies a brand, entity or other proprietary right of any person living or deceased, including but not limited to rights of privacy or publicity or portrayal in a false light, and/or (d) otherwise violate these Official Rules, as determined by Sponsor, in its sole discretion, shall be disqualified from the Sweepstakes. Sponsor reserves the right to disqualify an entry with offensive content or material that it feels is inappropriate in any way. Without limitation, Sponsor further reserves the right in its sole discretion to disqualify any Entrant whose TikTok account that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules, or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
The Sweepstakes Entities are not responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise.
By participating, Entrant agrees that their entry may be shared on social media sites or other websites by the Sponsor. By submitting an entry, Entrant grants Sponsor and its affiliated companies worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, and fully paid-up rights to publicly perform, display, broadcast, or transmit the entry, in whole or in part, for promotion and marketing purposes worldwide in any and all forms of media, whether now known or hereafter devised, and to distribute (directly or indirectly through multiple tiers) the entry to Sponsor’s affiliates, its marketing agencies, and to third parties for these purposes. Without limiting the foregoing, each Entrant consents to have the Entrant’s entry made available for public viewing and/or comment on the Internet.
WINNING/NOTIFICATION: On or about July 14, 2022, three (3) Grand Prize Winners will be selected from among all eligible entries received during the Sweepstakes Period. The random drawing will be conducted by the Sponsor whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. Odds of winning are dependent upon the total number of entries received during the Sweepstakes Period. The potential Grand Prize Winner will be notified by the Sponsor via direct message to his/her TikTok account within one (1) to three (3) business days from the date in which the random drawing takes place. Grand Prize Winner will be required to supply his/her email address to complete the prize claims and verification process as further described in the “PRIZE CLAIMS” section below. Sponsor will only make two (2) attempts to reach the potential Grand Prize Winners via direct message, within a seventy-two (72) hour time-period. In the event the Sponsor cannot reach a potential Grand Prize Winner after two (2) attempts have been made, the original potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner (selected randomly as outlined above) will be notified until three (3) Grand Prize Winners are confirmed.
PRIZE CLAIMS: Except where prohibited, each potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor (collectively, the “Required Documents”) within seven (7) days or less from receipt of Notification from the Independent Administrator by email. If a potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the email is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “WINNING/NOTIFICATION” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. Each potential Grand Prize Winner must report income to the IRS. In the event it is deemed during the verification process that a potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Grand Prize, such potential Grand Prize Winner will be disqualified and an Alternate will be notified as outlined above. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor, in its sole discretion, that a potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate will be notified as outlined in the “WINNING/NOTIFICATION” section above, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.
PRIZES: Three (3) Grand Prizes of a Peloton Gift Card will be awarded. The approximate retail value (“ARV”) of each Grand Prize is $1,420. The total ARV of all prizes to be awarded in this Sweepstakes is $4.260. Each Grand Prize Winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes that may become due with respect to the value of the Grand Prize. There is a limit of one (1) prize per person. No more than the number of prizes set forth in these Official Rules will be awarded. Gift cards are subject to the terms and conditions of the gift cards themselves and will not be replaced if lost or stolen. No transfer or substitution of any prize is permitted, except at Sponsor’s sole discretion or as otherwise provided herein. Each Grand Prize Winner is solely responsible for all federal, state and local taxes. Except as otherwise set forth herein, all Grand Prizes will be awarded.
GENERAL RULES OF PARTICIPATION: By participating in this Sweepstakes, Entrants and Grand Prize Winners [a] release each and all of the Sweepstakes Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of the Grand Prize awarded, including, without limitation, liability for personal injury, death or property damage; and [b] agree to be bound by these Official Rules and the decisions of the Sponsor/Independent Administrator, which are final in all respects and not subject to appeal. Sponsor reserves the right permanently to disqualify from this Sweepstakes any Entrant or Grand Prize Winner it believes has violated these Official Rules. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Grand Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and selected a Grand Prize Winner based on the entries received up to the cancellation, modification, termination, or suspension date. Notification of such action will be provided on the Post. To the fullest extent permitted by law, Entrants covenant not to sue any Sweepstakes Entity or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind any releases. A waiver by one or more of the Sweepstakes Entities of any term in these Official Rules does not constitute a waiver of any other provision. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
NO LIABILITY: By participating, Entrants and Grand Prize Winner agree to release, discharge, indemnify and hold harmless the Sponsor, TikTok, Peloton, Amazon and the Sweepstakes Entities, and each of their respective officers, directors, employees, representatives and agents from and against any claims made by a Grand Prize Winner, Entrants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of the Grand Prize; participation in any Sweepstakes-related activity; or participation in this Sweepstakes.
DISPUTES: Entrants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or the Grand Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, an Entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
WINNER’S LIST REQUEST: For the name of the Grand Prize Winners or a copy of these Official Rules, please submit a self-addressed, stamped envelope by August 31, 2022 to “Poppi Prime Day Giveaway”, PO Box 458, Newark, NY, 14513.
This Sweepstakes and these Official Rules shall not be published without permission of the Sponsor.
TikTok is a registered trademark of TikTok, Inc.
Peloton is a registered trademark of Peloton Interactive, Inc.
Amazon is a registered trademark of Amazon Technologies, Inc.