NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A purchase will not improve your odds of winning.
THIS CONTEST IS INTENDED FOR PARTICIPATION IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT TIME OF ENTRY. THIS CONTEST IS VOID IN ALL AREAS WHERE PROHIBITED BY STATE, MUNICIPAL OR FEDERAL LAW.
ELIGIBILITY:The AriZona Beverages “Thirsty Thirty” Contest (the “Contest”) is open to individual, legal residents of the 50 United States and the District of Columbia, who are 18 years of age and older or the age of majority in his/her jurisdiction of residence at time of entry, with a valid email address. Employees of Arizona Beverages USA LLC (“ABUSA”) (“Sponsor”), Mpire Creative LLC, distributing retailer(s) of Sponsor and each of their respective parents, successors and assigns, bottlers, subsidiaries and affiliates; employees of advertising, promotion and public relations agencies involved in any way with this Contest; and members of the immediate family (spouse, parents, siblings and children and their spouses) or persons living within the same household of any of such individuals are not eligible to participate or win a prize. Void outside the United States and District of Columbia and where prohibited. By participating, entrants agree to be bound by these Contest Official Rules.
CONTEST PERIOD: The Contest begins at approximately 12:00:01 PM ET on 11/15/22 and ends on 12/6/22 at 11:59:59 PM ET (the “Promotion Period”).
Participants may not enter using multiple email accounts to register nor may participants use any other means, device, or artifice to enter under multiple identities. Any participant who attempts to enter with multiple email accounts or other means, devices or artifices under multiple identities in attempt to gain more than the stated number of Entries permitted will be disqualified and all Entries will be void at Sponsor’s sole discretion.
PUBLIC VOTING: All Entries will be pre-screened by a moderator as determined by Sponsor. Beginning 12/7/22 through 12/13/22, approved Entries will be posted in the flavor gallery section at www.ThirstyThirty.com where the general public will be allowed to vote for their favorite flavor. You may vote for as many individual Entries on the same day as you wish but there is a limit of one (1) vote per individual Entry per day per person/email address. Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, purchasing of votes, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. If any improper or fraudulent voting activity is suspected, Sponsor reserves the right, in its sole discretion, to void the votes and/or disqualify the entrant. All votes must be cast by 11:59:59 PM ET on 12/13/22, the date the public voting closes. ABUSA is not responsible for Entries that are not approved during the pre-screening process or for Entries and/or votes that are not received for any reason whether human, technical or mechanical error.
WINNER DETERMINATION AND NOTIFICATION: All Entries will be judged by a representative of Sponsor using the following weighted criteria: A) Creativity & Originality of flavor combination (50%), B) How the flavor combination is likely to taste (50%) and C) Votes received by the general public (10%). In the event of a tie, Sponsor will designate a tie-breaking judge to determine Finalists using the Creativity & Originality criterion. On or about 12/23/22 the three (3) Entries with the highest score will be determined as each a Finalist (subject to verification). Each Finalist Entry will be judged by Sponsor using the same criteria described above and Sponsor may produce Finalists flavor Entries to determine one (1) Grand Prize Winner (subject to verification). Grand Prize Winner will be announced in Summer 2023 or as determined by Sponsor. Finalists will be contacted by a representative of Sponsor on or about 1/6/23. Sponsor will send an email to the email address or direct message via Instagram account name as provided by entrant during Contest registration and require potential winner(s) to send an email to Sponsor’s designated email address as provided by Sponsor to claim Prize. Winner will be required respond to Sponsor within 48 hours of notification accepting the Prize and will be required to complete required documents. If Sponsor does not receive a reply message from potential winner(s) within specified time, prize will be forfeited and may be awarded to an alternate. Potential winners will be required to sign an Affidavit of eligibility, liability release and (where lawful) a publicity release as well as an IRS Form W9 and be required to sign a release in which he/she irrevocably assigns and transfers any and all rights, title and interest in his/her Entry, including, without limitation, all copyrights and trademark rights, and waives all moral rights in the Entry. Noncompliance by date specified for the return of the documents, or return of these documents or any prize as undeliverable, will result in disqualification. Sponsor is not responsible for any change of email address, Instagram account, mailing address, and/or telephone number of entrants. Unclaimed or undeliverable prize(s) may not be awarded. All prizes will be awarded presuming a sufficient number of eligible entries are received and prizes are claimed in accordance with these Official Rules.
PRIZES: Prizes will be awarded as follows: Three (3) Finalist Prizes: of a 3-night/4-day trip to New York to visit ABUSA Headquarters and a VIP Tour as determined by Sponsor (the “Trip”) for winner and one (1) guest. Trip includes the following: round trip, economy air transportation for winner and one (1) guest between a major gateway airport near winner’s home and a major gateway airport near New York, three (3) nights’ hotel accommodations (1 standard room, double occupancy), rental car (eligible drivers only and if Trip winner is not an eligible driver this portion of the Trip will be forfeited and any difference in value will not be awarded; excludes gas, tolls, parking, insurance, collision damage waiver and is subject to car rental terms & conditions). Guest of Finalist must be of legal age of majority in his/her jurisdiction of residence (and at least 18), unless guest is the child or legal ward of winner, and must sign a liability/publicity release prior to issuance of travel documents. If guest is the child or legal ward of winner, winner must sign and return release on behalf of such child or legal ward. All reservations and travel arrangements must be made through Sponsor’s agent and on a carrier of Sponsor’s choice. Winner and guest must travel together on the same itinerary and are responsible for obtaining any necessary documentation (e.g., valid photo ID, visas, and passports), health screening and/or compliance testing and insurance (if applicable) prior to travel. Finalist prize winner and his/her guest agree to comply with all applicable air travel, hotel and rental car company rules, as applicable, and regulations in connection with the Trip.Sponsor will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster, pandemic, epidemic outside their control that may cause the cancellation or postponement of the Trip. Sponsor is not responsible for any mis-delivery, delay, or any lost, damage, or stolen prize component. If Trip prize winner lives within a 100-mile radius of Woodbury, NY as determined by Sponsor in its sole discretion, ground transportation will be provided to such Trip winner in lieu of air travel and any difference in value will not be awarded. Winner and guest must travel on dates specified by Sponsor in 2023 or Trip may be forfeited. Trip travel arrangements must be booked 60 days in advance. Travel is subject to availability, black-out dates, advanced notice requirements, and once booked, no changes will be permitted. Trip winner and guest will not receive frequent flyer miles, hotel stay award points or other “perks” in conjunction with Trip travel. Certain travel restrictions apply. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided, including without limitation, ground transportation, luggage fees, meals, souvenirs, gratuities, telephone calls, incidentals and any other personal or unspecified costs or expenses incurred during the Trip, and any/all travel and other applicable insurance are the sole responsibility of the Trip winner. Winners will be issued an IRS Form 1099 for the calendar year in which prize is made available. Approximate Retail Value (“ARV”) of Trip: $2,000. Actual value may vary based on departure dates and airfare fluctuations. Any difference between the ARV stated above and the actual value will not be awarded. One (1) Grand Prize: The opportunity for bragging rights being named Chief Flavor Officer and possible production of winner’s flavor Entry and $10,000. $10,000 will be awarded in the form of a check payable in the name of the winner. Allow 6-8 weeks for prize shipment from winner verification. ARV: $10,000.00. Total ARV of all prizes: $16,000.00. Limit: one (1) Finalist Prize per person/household.
PRIZE RESTRICTIONS: No substitution, assignment or transfer of Prize permitted by winner. Prize cannot be redeemed for cash, but Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion if an advertised prize becomes unavailable including production of entrant’s flavor/can design. Sponsor reserves the right to not produce Entry Build design. If a winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winner’s parent/legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner.
GENERAL CONDITIONS: Each winner (and winner’s parent/legal guardian, if winner is a minor), by acceptance of a Prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name and/or Entry design, photograph, post(s) on social media websites, voice and/or likeness for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered worldwide and on the Internet without compensation, notice, review or approval by participant or any other third party. Entrant hereby acknowledges that Entry and all other materials of every kind whatsoever created by entrant relating to the Contest (collectively, the “Work”) are a “work made for hire” (as that term is used in the United States Copyright Act) for Sponsor, and assigns to Sponsor (or, if any applicable law prohibits or restricts such assignment, entrant hereby grants to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) limited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all formats and media, whether now known or hereafter devised. By submitting an Entry, entrant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, and waive any and all claims entrant may have had, may have, and/or may have in the future, that any composition, design, video and/or other works accepted, reviewed and/or used by the Sponsor (or its respective designees) may be similar to his/her Entry. Entrant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant’s Entry. By participating in the Contest and/or accepting a Prize, Contest entrants agree to: (a) be bound by these official rules and the decisions of the Sponsor, which shall be final and binding in all respects; and (b) to release, hold harmless and forever discharge and covenant not to sue Sponsor, Administrator, Mpire Creative LLC, and each of their respective parent companies, affiliates, subsidiaries, distributors, agents and promotion and advertising agencies, and the employees, directors and officers of each of the foregoing entities (“Released Parties”), from any and all claims, demands, damages, losses and liabilities, of any nature whatsoever, which they may now or hereafter assert, including but not limited to, claims for injury, death, damages, or illness arising out of or relating to or claimed to be arising out of or relating to Contest Entry, prize acceptance, preparing for or traveling to any prize Trip-related activity, or use or misuse of the prize Trip or any product or prize certificate awarded including, without limitation, personal injury, death and property damage; (c) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, incidental, consequential, punitive or any other damages, other than for actual out-of-pocket costs; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By participating, each participant hereby irrevocably waives any right to seek injunctive or other equitable relief. Sponsor and its agents are not responsible for any printing or other errors in Contest-related material. Released Parties are not responsible for computer system, WIFI, phone line, hardware, software or program malfunctions, or other errors, failures or delays in phone or computer transmissions or network connections that are human or technical in nature and may limit ability to participate, or for lost, late, damaged, incomplete, inaccurate, delayed, misdirected, Entries and/or votes, and all such Entries and/or votes will be void.
LIABILITY LIMITATIONS: Released Parties are not responsible for lost, late, misdirected, incomplete, inaccurate, stolen, garbled Entries, votes, direct messages, or email; or for interrupted or unavailable satellite, network, wireless provider, server, Internet Service Provider (ISP), website, application or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether printing, typographical, human, mechanical, electronic or network or otherwise, including, without limitation, errors or problems that may occur in connection with the administration of the Contest, the announcement of the winners and/or prizes, the incorrect or inaccurate capture or processing of Entries, votes or the failure to capture, or loss of, any such information, or in any other Contest-related materials. Persons who tamper with or abuse any aspect of this Contest or otherwise attempt to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Any use of robotic, script, automatic, macro, programmed, like entry methods or any method which subvert the entry process will void all such entries by such methods, and disqualify any participant using such methods. Released Parties are not responsible for injury or damage to participant’s or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of any website associated with this Contest. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, and determine the potential winners from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of any website associated with the Contest. In no event will Sponsor award more than the stated number of prizes. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the participant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
CAUTION -- ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
In no event will any of 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 access to and use of any websites associated with this Contest or downloading from and/or printing material downloaded from such websites. Without limiting the foregoing, everything on such websites is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations of exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you.
DISPUTES/ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, each participant agrees that (a) any and all disputes, claims and causes of action arising out of or in any way connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, (b) any and all disputes, claims and causes of action arising out of or in any way connected with this Contest, or any prize awarded, shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (c) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (d) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket costs, and participant further waives all rights to have damages multiplied or increased.
GOVERNING LAW AND JURISDICTION: By participating, each participant agrees that (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of such participant in connection with this Contest, or the rights and obligations of the Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, and any arbitrator shall apply, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of New York, and (b) any matters or proceedings which are not subject to arbitration as set forth in these Official Rules shall take place exclusively in the federal or state courts sitting in Nassau County, New York. By participating, each participant expressly consents to the jurisdiction and venue of the federal and state courts located in Nassau County, New York and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts.
WINNERS: Finalists and Grand Prize Winner will be posted on Instagram @DrinkAriZona following winner verification and once prizes have been claimed.
SPONSOR: Arizona Beverages USA LLC, 60 Crossways Park Dr. West, Woodbury, NY 11797.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram.
©2022 Arizona Beverages USA LLC. All rights reserved.