Faygo® Flavor Revolution Giveaway Official Rules

Sponsor

Faygo Beverages, Inc., 3579 Gratiot Avenue, Detroit, Michigan 48207. Faygo® is a registered trademark of Faygo Beverages, Inc. All rights to any third-party trademarks or trade names mentioned herein or in connection with the Promotion belong to the respective trademark and trade name owner. The use or mention of such third-party trademarks or trade names in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply that third party’s endorsement or sponsorship of the Promotion.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ASSOCIATED OR ADMINISTERED BY ANY SOCIAL NETWORK OR ANY OF THE BRANDS BEING AWARDED AS PRIZES. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO FAYGO BEVERAGES, INC. THE INFORMATION YOU PROVIDE WILL ONLY BE USED AS DESCRIBED HEREIN.

Eligibility

2023 Faygo® Revolution (the “Promotion”) is open only to legal residents of the 50 States of the United States and the District of Columbia who are at least eighteen (18) years old at the time of entry.

VOID WHERE OTHERWISE PROHIBITED BY LAW. Sponsor’s employees and immediate family members (spouse, parents, siblings and children) and household members or employees or immediate family members or household members of Sponsor’s affiliated companies, suppliers or agents assisting Sponsor with this Promotion (“Promotion Entities”) are not eligible to enter or win.

Subject to all applicable federal, state and local laws and regulations. Entrant’s participation constitutes entrant’s full and unconditional agreement to these Official Rules, that they are 18 years of age and agree to abide by Sponsor’s decisions, which are final and binding in all matters related to the Promotion.

Promotion Period

The Promotion begins on or about Friday, May 26, 2023, at 12:01AM EST Time and ends on Monday, September 4, 2023, at 11:59 PM EST (“Promotion Period”). It consists of one selection of three (3) prize winners.

Sponsor’s (or its authorized representative’s) computers or server is the official time keeping device for all matters related to the Promotion.

All time referenced is Eastern Time.

How to Enter

To enter the Sweepstakes ONLINE, visit www.faygorevolution.com (the “Website”) prior to 11:59 PM EDT on September 4, 2023, complete the online registration form and submit as directed (“Web Entry”). ALL WEB ENTRIES MUST BE RECEIVED BY 11:59 PM EDT on September 4, 2023.

Fraudulent methods of entry or circumvention of the rules may result in disqualification of all entries by such person. Use of automated entry devices or programs, or entries by third parties, are prohibited. Incomplete entries will be disqualified.

By entering, you represent and warrant that you have fully complied with all aspects of these Official Rules. By entering, you agree to indemnify and hold harmless the Giveaways Entities (as defined below) from any action or liability resulting from your participation in the Giveaways and/or any other information included in any entry. Normal internet access and usage charges imposed by entrant’s internet service provider may apply and are entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by entrant’s phone service provider may apply and are entrant’s sole responsibility.

Provision of information online is governed by Faygo’s Privacy Policy, accessible https://www.faygo.com/privacy-policy/. If you do not agree with the policies, do not participate in the Giveaways.

You are providing your information to Sponsor and not to any third party. All personal information collected by Sponsor will be used for administration of the Promotion. In addition, Entrants may receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s Privacy Policy. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and Entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Please refer to Sponsor’s Privacy Policy located at https://www.faygo.com/privacy-policy/ for important information regarding the collection, use and disclosure of personal information by Sponsor.

Odds

Odds of winning depend upon the number of eligible entries received.

Selection and Notification of Winners: Fifteen (15) weekly winners and three (3) monthly Grand Prize winners will be selected from all qualifying entries. The Promotion will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion.
One (1) weekly winner will be randomly selected from that week’s entries during the promotional period. Weekly entry period begins Friday at 12:01 AM ET and ends the following Thursday at 11:59 PM ET. The monthly potential Grand Prize winners will be selected from the previous month’s entries on or about June 30, 2023, July 31, 2023, and September 4, 2023 from among all eligible Entries received.
The potential prize winners will be notified by email with the email provided on the entry form. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within 72 hours of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected.
If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected.
Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
There will be a total of 16 winners during a specified period of time. Odds of being selected as a winner depend on the number of eligible Entries received.

Prize Details

The Monthly Grand Prize Winners of the Faygo® Flavor Revolution Giveaway will receive: One exclusive Faygo 50 Flavor Party Pack, Faygo cooler and Faygo Flavor Revolution merchandise pack, including T-shirt, baseball hat, sunglasses, sticker pack and koozie valued at $300.
Weekly Winners will each receive a Faygo Flavor Revolution merchandise pack valued at $50.
The total ARV of all prizes: $1,650.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsors’ sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value, if the designated prize should become unavailable for any reason. Prize winners are solely responsible for any and all expenses associated with the acceptance and use of prizes. The ARV of prizes set forth above represents Sponsor’s good faith determination of the actual fair market value and, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event a stated ARV is more than the actual fair market value, the difference will not be awarded in cash or otherwise. All prizes will be awarded provided they are properly claimed.

General Rules and Release of Liability

By participating in the Promotion, entrants agree to abide by and be bound by these Official Rules and the decisions of the judges, which are final and binding in all matters relating to this Promotion. No substitution, cash redemption or transfer of prize by winner permitted, other than those stated herein.

All federal, state and local taxes are the sole responsibility of winner. All federal, state and local laws and regulations apply. Sponsor will report value of prize as required by law. All materials submitted become the property of the Sponsor and will not be acknowledged or returned. Return of any prize/prize notification as undeliverable will result in disqualification and an alternate winner may be selected.

In case of unavailability of any prize, Sponsor, in its sole discretion, reserves the right to substitute prize of equal or greater value. Sponsor is not responsible for the quality or utility of any prize or any portion of prize. Sponsor makes no warranty with respect to any portion of prize. By accepting prize, winner consents to the use of his/her name, photograph or likeness for publicity, marketing, promotional or advertising purposes without further compensation or permission, except where prohibited by law.

By participating, entrants agree to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, directors, officers, employees and agents and all other Promotion Entities (collectively, the “Released Parties”) from any and all liability with respect to or in any way arising from or in connection with this Promotion and/or acceptance or use of the prize, including but not limited to liability for personal injury, bodily injury, death, damages and/or loss.

Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in this Promotion or use or redemption of any prize. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of either (excepting compliance with applicable codes and regulations) or other event outside the reasonable control of the Released Parties will not be considered a breach of these Official Rules.

The Released Parties are not responsible for any typographical or other error in the printing, the offering or the announcement of any prizes or in the administration of the Promotion.

Limitations of Liability

The Released Parties are not responsible for:

technical failures of any kind, including but not limited to the malfunctioning of the web code, third party Promotion application or any computer, cable, network, hardware or software, delay in operation or transmission, communications line failure, technology outage, theft or destruction or unauthorized access to, or alteration of entries, whether caused by the sender or any of the equipment or programming associated with or utilized in the Promotion;
the unavailability or inaccessibility of any transmissions or telephone or Internet service;
unauthorized human intervention in any part of the entry process or the Promotion;
electronic, clerical or human error which may occur in the administration of the Promotion or the transmission, receipt or processing of entries or notification of winners; or
any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion.

Without limiting the generality of the foregoing, Sponsor reserves the right, in its sole discretion, to terminate, modify, cancel or suspend this Promotion if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of Sponsor corrupt in whole or in part the administration, security, or proper play, of the Promotion.

In the event of any cancellation, termination or suspension, notice thereof will be posted at, www.faygorevolution.com, and the determination of the applicable winner(s) will be made, if practicable and reasonably commercially feasible, from among all eligible, non-suspect Promotion entries received during the Promotion Period as of the date of the termination, cancellation or suspension, as Sponsor determines in its sole and absolute discretion.

Under no circumstances, including negligence, shall the Released Parties be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the web site, or out of any breach of any warranty.

This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SPONSOR’S PAGE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS 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 THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS.

Any attempt by an entrant or other individual to deliberately damage any web site or page or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution.

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Entrant engaging in any of the foregoing activities may be disqualified and will forfeit any prizes won.

Privacy/Use of Personal Information

Participants acknowledge and agree that any information collected in connection with this Promotion may be used by Sponsor for market research, sending you company and product updates and announcements only in accordance with the Faygo Beverages, Inc. Privacy Policy located at https://www.faygo.com/privacy-policy/ and will not be shared with other organizations for commercial and other purposes.

Once received, all entries and any optional submissions of comments or suggestions will become property of Sponsor, and none will be returned.

Winner’s List/Official Rules

To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: 2023 Faygo Flavor Revolution Giveaway Winners’ List, Faygo Beverages Inc. 3579 Gratiot Ave, Detroit, MI 48207. All such requests must be received within one (1) month after the end of the Promotion Period. These Official Rules are available at www.faygorevolution.com/terms-and-conditions.