Flow Hydration x Modern Oats x Conscious Coconut x Avocado September I
NO PURCHASE NECESSARY TO ENTER OR WIN THIS PROMOTION. VOID WHERE PROHIBITED. MUST BE A RESIDENT OF THE UNITED STATES AND OF THE AGE OF MAJORITY IN YOUR STATE OR TERRITORY OF RESIDENCE TO ENTER.
- Sponsor. The Flow Hydration x Modern Oats x Conscious Coconut x Avocado September Promotion (Promotion) is sponsored in the United States by Flow Beverages Inc. 100-406 Amapola Street, Torrance, CA, 90501 (Sponsor).
- Eligibility. This Promotion is open to legal residents of the United States, who have reached the age of majority in their state or territory of residence at the time of entry, with the exception of employees of the Sponsor, its parent, related and affiliated companies, subsidiaries, departments or agencies, franchisees, suppliers, advertising and promotional agencies, Promotion administrators, and any other parties engaged in the development, production or distribution of Promotion materials, and those living in the same household. By participating in this Promotion, entrants acknowledge compliance with, and agree to be bound by these Promotion Rules. Entrants who do not comply with any of the Promotion Rules are subject to disqualification by the Sponsor, in Sponsor’s sole discretion.
- Promotion Dates and Times. The Promotion begins on September 23, 2019 at 10AM EST and ends on September 26, 2019 at 11:59pm EST (Promotion End Date), after which time the Promotion will be closed and no further entries will be accepted.
- How to Enter. You can enter by following the Sponsor’s page on Instagram, liking the promotion post, and tagging a friend in the comments of the post. Each comment tag is an entry.
Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Promotion, or any other methods not authorized by these Promotion Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Promotion Rules are void. No correspondence will be entered into except with Selected Entrant (defined hereafter). Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.
If the identity of an entrant is disputed, the authorized Instagram account holder at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the account associated with the selected entry. Sponsor’s computer is the sole timekeeping device for this Promotions.
- Promotion Prize. There are four (4) prizes available to be won as follows- one winner will be chosen from each brand’s Instagram post. Each prize consists of:
- Three (3) cases of 12x 500mL Flow Alkaline Spring Water (total value of $60 USD)
- One (1) case of Modern Oats Blueberry Coconut Organic and one (1) case of Coconut Almond Oats (total value of $60 USD)
- One (1) Conscious Coconut Dry Brush Bundle one (1) Mindful Mini Pouch of 10 Coconut Oil Travel Packets (total value $55)
- One (1) pair of Avocado leggings (total value $85)
Prize is of an approximate retail value of $260. All prize values are in USD. Actual/appraised value may differ at time of prize award.
All winners assume any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Promotion or use or redemption of the prize. Prizes must be accepted as awarded and have no cash value. Prizes or any portion of a prize cannot be combined with other discounts, promotions or special offers. Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised prize is unavailable at the time of award. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, provincial, state, and/or local taxes, shall be the sole responsibility of winner. The entry must fulfill all Promotion requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor.
- Odds of Winning. The odds of winning depend on the number of eligible entries received before the Promotion End Date.
- Winner Selection and Confirmation. On September 27th, 2019 at 10am EST at Flow Beverages Inc. 110 E 25th Street, New York, NY, 10010, the Sponsor, or an employee, agent or other representative of the Sponsor, will conduct a random draw from all eligible entries received before Promotion End Date and select the potential winners (Selected Entrant). Selected Entrant will be deemed winner if they meet all of the eligibility criteria set out in these Promotion Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw from the remaining eligible entries. Before being declared a winner, Selected Entrant will be required to: (i) sign and return the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form (Winner Release); and (ii) comply with all other Promotion Rules, all in the sole discretion of Sponsor.
Selected Entrant will be notified within 1 business day of the Promotion draw and will be contacted via a direct comment on the promotion Instagram post. Sponsor shall have no liability for Selected Entrant’s failure to receive notification and notices due to Instagram’s security settings for direct messages, or for Selected Entrant’s provision of incorrect or otherwise non-functioning contact information. A Selected Entrant that does not or cannot accept a prize may be forfeited and a new Selected Entrant selected by random draw, in the Sponsor’s sole discretion.
A signed copy of the Sponsor’s Winner Release must be received by the Sponsor no later than 5 business days following the draw. Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsor to receive a Selected Entrant’s response.
Disputes regarding identity of entrant: If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the individual assigned to the Instagram account at the time of entry (Authorized Account Holder). Each Selected Entrant may be required to provide proof that he/she is the Authorized Account Holder associated with a selected entry.
- Release and Indemnification. All winners must sign the Sponsor’s Winner Release to: (i) confirm compliance with all Promotion Rules; (ii) agree to accept prizes as awarded; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Promotion (Released Parties) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of entries by the Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier used in connection with any aspect of the Promotion to perform or deliver any goods or services, any act considered to be a force majeure or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Promotion or any prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Promotion and/or in connection with the acceptance and/or exercise by the entrant of prizes as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by entrants with any of the Promotion Rules or participation in the Promotion and/or in connection with the acceptance and/or exercise by an entrant of a prize, and the use of entries by the Sponsor.
The Sponsor is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Promotion or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, omission, or any combination thereof, and entries that fail to fully comply with these Promotion Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Winner Releases; (iv) injury or damage to entrants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Promotion or accepting a prize; (v) 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 Promotion or receipt or use or misuse of any prize, including any related travel and the use of entries by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breach of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.
- Other Conditions. The Sponsor reserves the right to terminate or amend this Promotion at any time and in any way, without prior notice to entrants. Without limiting the foregoing, if, for any reason, the Promotion is not capable of running as originally planned for any reason, the Sponsor reserves the right to cancel the Promotion and conduct a random draw from all previously received eligible entries received by the Promotion End Date.
The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Promotions. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotions or website or violates these Terms & Conditions. Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotions, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Promotions rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotions may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Promotion as contemplated in these rules, or for any other reason.
- Publicity and Entrant Information. By participating in the Promotion, entrants consent to the use of their name, address, email address, postal code, social media handle(s), comments, likeness and image, whether on videotape, photograph or any other means, for the administration of the Promotion or any publicity carried out by the Sponsor, without further notice or compensation.
If you have also consented to the use of your personal information for marketing and promotional purposes, you agree that the Sponsor may send you offers, promotions and information about its products and services. The Sponsor may communicate with you through various channels, including email or social media using the contact information you have provided. We will respect your preferences otherwise recorded with us. You may withdraw your consent at any time.
- Intellectual Property. All submissions become property of Sponsor. Sponsor reserves the right to use any and all information related to the Promotion, including submissions provided by entrants, for editorial, marketing and any other purpose, without further compensation or notice, unless prohibited by law. Each entrant grants permission for Sponsor and its designees to use his/her name, address (city and State or province), photograph, voice and/or other likeness for advertising, trade and promotional purposes in any and all media now known or hereafter discovered, worldwide, in perpetuity, without compensation, notification or permission.
- Law. The Promotion is void where prohibited by law and is subject to all applicable USA federal, provincial, territorial, municipal and local laws. This Promotion shall be governed exclusively by the laws of the State of New York, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Promotion rules, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the of the State of New York.
- Rule Amendments. The Sponsor reserves the right, in its sole discretion, to amend or modify these Promotion Rules, or modify, cancel or suspend this Promotion, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt the security or proper administration of the Promotion.
- Intellectual Property. All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.
- Winner List. For a list of winners consult the Instagram promotion post after the Draw Date.
© Flow Water Inc. / Flow Beverages Inc. 2019 All Rights Reserved.
Flow Hydration x Modern Oats x Conscious Coconut x Avocado
Declaration of Eligibility and Liability/Publicity Release
I, ___________________________________________, in the state of ________________________ declare that I am ______ years of age, that my telephone number is __________________________ and that my email address is ______________________________________.
I am making this declaration (Winner Release) with the understanding that it will be relied upon to confirm my eligibility in this Promotion.
I declare that I have read and complied with, and that I understand, all of the Promotion Rules, which are available at this link: [URL], that all of the information below is true and that I have committed no fraud or deception in entering the Promotion or claiming a prize.
I further declare that I am age of majority in the state or territory in the United States in which I reside and that I am not an employee of the Sponsor, its parent, related or affiliated companies, departments, subsidiaries, franchisees, suppliers, advertising and promotional agencies, Promotion administrators, or any other parties engaged in the development, production or distribution of Promotion materials or those living in the same household as the foregoing, none of whom are eligible to enter the Promotion or win a prize.
In consideration of the prize, which I acknowledge is good, valuable and sufficient consideration, I agree as follows:
- To accept the prize as awarded.
- To release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Promotion (Released Parties) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize, suit, debt, covenant, contract, including legal fees and expenses whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier to the Sponsor or used in connection with any aspect of the Promotion to perform or deliver services, any act of God or any other event beyond the Sponsor’s control, any dissatisfaction of any kind with any aspect of the Promotion or any prize, liability for physical injury, death, or property damage which I, my heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of participation in the Promotion and/or in connection with the acceptance and/or exercise of the prize as awarded.
- To indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by me with any of the Promotion Rules or participation in the Promotion and/or in connection with the acceptance and/or exercise of the prize.
- To grant to the Sponsor, its agents and representatives, and marketing partners, the right to print, publish, broadcast, and use worldwide in any media now known or hereafter developed, including, but not limited to, the World Wide Web, the Sponsor’s Internet websites and social media pages, at any time(s), my name, likeness, portrait, picture, photograph, voice, video-camera footage, and biographical information (name, city, state of residence and image), as is or as may be edited by the Sponsor, as news or information and for advertising promotional purposes without any compensation or review by me.
- To return upon demand to the Sponsor, or its agents, representatives or marketing partners, any prize that has been or may be awarded to me if any statement made by me in this Winner Release is false or if I have failed to comply with any of the Promotion Rules, all as determined in the sole discretion of the Sponsor.
Dated this __________ day of __________, 2019.