EVIAN SUMMER INSTANT WIN AND SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 OR OVER AS OF DATE OF ENTRY.
- Sweepstakes Period: The Evian Summer Instant Win and Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on July 17, 2023 and ends at 11:59 p.m. ET on September 10, 2023 (the “Sweepstakes Period”). The entire duration of the Sweepstakes runs from July 17, 2023 until potential winners have been notified, verified and prizes have been awarded (“Entire Sweepstakes Period”).
- Eligibility: Open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of date of entry. Officers, directors, and employees of Danone US, LLC (“Sponsor”), United States Tennis Association Incorporated, USTA National Tennis Center Incorporated, Don Jagoda Associates, Inc. (the “Administrator”), and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, and each of their respective shareholders, directors, officers, members and agents and their immediate family members (spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each, are not eligible to participate or win. Void outside the eligibility area and where prohibited by law and subject to all federal, state and local laws.
- How to Play/Enter the Sweepstakes: During the Sweepstakes Period, look for special Sweepstakes displays with a Quick Response (“QR”) code. Scan the QR code with your web-enabled mobile device (“Device”) to be directed to the Website https://scorewithevian.com (the “Website”) and follow the instructions to register by entering your email address, selecting your preferred retailer or location and playing the tennis game (“Game Play”). Once you have played, a message will indicate whether or not you have won a prize (subject to verification) and how to claim the prize (“Instant Win Prize”), if applicable. By completing the Game Play, you will also receive one (1) automatic entry (“Entry”) into the drawing for the Sweepstakes prize (“Sweepstakes Prize”). Limit one (1) Game Play per person/email address per day. Game Plays and Entries must be complete by 11:59 p.m. ET on September 10, 2023.
- Share with Friends: You may receive a maximum of five (5) additional sweepstakes entries during the Sweepstakes Period as a result of persons registering for the Sweepstakes for the first time in compliance with these Official Rules (as determined by the Sponsor in their sole and absolute discretion), earning one (1) sweepstakes entry for each such friend or family member who registers for the Promotion for the first time in accordance with any of the three (3) methods outlined below. You may only share with friends with whom you have had direct voluntary two-way communications, and with whom it is reasonable to conclude that you have a personal relationship considering shared interests, experiences, opinions and other relevant factors. You may only share with family members to whom you are related by marriage, a common-law partnership, or parent-child relationship, and with whom you have had direct voluntary two-way communications.
- Personal Link or Banner: To retrieve your personal web link, click on the “Share” link and locate the personal web link or personal banner on this page. A unique link will be displayed which you can copy to share. You may wish to post your link on instant messenger, blogs, message boards and personal web pages or in emails. The distribution of your personal web link is at your discretion, subject to the following: Sponsor reserves the right, in their sole and absolute discretion, to cancel and void any personal web link (and all associated earned sweepstakes entries) which they deem, in their sole and absolute discretion, to be used or associated with content that is inappropriate. Without limiting the foregoing, such inappropriate content includes all forms of pornography, spam, inappropriate language and content that incites hate, is demeaning, depreciates the value of the Sponsors’ name(s), brand(s), products or trademarks, or incites discrimination of in any form.
- Facebook Post Invites: To invite friends via Facebook, if you are a Facebook user registered through Facebook Connect, click on the Facebook® icon in the “share with friends” section. You will then be able to post a message on Facebook regarding the Promotion.
- Twitter Post Invites: To invite friends via Twitter, login to the Promotion Website, click on the Twitter® icon in the “share with friends” section and perform the following three required steps: (i) click to post the predefined message that is provided by Sponsor; (ii) enter your Twitter username; and (iii) press the “Tweet” button.
For Share with Friends, your additional sweepstakes entries will be available only after your friend registers for the Sweepstakes in accordance with these Official Rules. PRIVACY NOTE: No personal information will be collected by the Sponsor or the Administrator from Facebook or Twitter.
All Game Plays/Entries must be complete to be eligible to win. All Game Plays/Entries become the property of Sponsor and will not be returned or acknowledged, and Sponsor will not verify receipt of Game Plays/Entries. All participants agree that, subject to applicable law, Sponsor and Sponsor's agents, affiliates or service provides may use participants' personal information submitted with Game Plays/Entries and/or play pursuant to the Sponsor’s privacy policy (See Section 11) and for purposes of prize fulfillment. No information regarding Game Plays/Entries, other than as otherwise set forth in these Official Rules, will be disclosed. Any attempt by any participant to obtain more than one (1) Game Play/Entry per day by using multiple/different email addresses, identities and registrations or any other methods will void all Game Plays/Entries and that participant may be disqualified from participation in the Sweepstakes. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet and/or telephone and data access and usage charges imposed by your online service may apply.
Incomplete, corrupted, or untimely Game Plays/Entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected Game Plays/Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of participant, the authorized account holder of the email address used for Game Play/Entry will be deemed to be the participant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Game Plays/Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
- Selection of Sweepstakes Prize Winner: One (1) Sweepstakes Prize winner will be randomly selected on or about 9/12/23 from among all eligible Entries received during the Sweepstakes Period. Drawing will be conducted by the Administrator, an independent judging organization whose decisions are final and binding on all matters related to the Sweepstakes drawing. Odds of winning the Sweepstakes Prize depend upon the total number of eligible Entries received.
- Winner Notification & Verification: Instant Win Prize winners will be notified immediately after Game Play. All Instant Win Prize winners are subject to verification of eligibility. Game Plays are subject to verification at the sole discretion of Sponsor. If, due to an error of any kind, more participants are deemed to be instant winners, or more prizes are claimed than are intended to be awarded, the intended number of Instant Win Prizes will be awarded in a random drawing from among all verified prize claims received. In no event will Sponsor be obligated to award more than the stated number of prizes. Potential Sweepstakes Prize winner will be sent via email link a Declaration of Eligibility, Liability & Publicity Release (where legal) (collectively, “Declaration”) and will be required to complete, and sign the Declaration via email within two (2) business days of being notified in order to claim his/her prize. Sponsor reserves the right to conduct a background check on the potential Sweepstakes Prize winner and reserves the right in its sole discretion to disqualify the Sweepstakes Prize winner based on the results of such background check(s), if Sponsor determines in its sole discretion that awarding a prize to such Sweepstakes Prize winner might reflect negatively on Sponsor. Factors that would result in disqualification as the winner include, without limitation, any winner having been convicted of a felony or misdemeanor, being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc. All Instant Win Prizes will be awarded to eligible winners complying with these Official Rules within 4-8 weeks after verification is complete. Return of any Game prize as undeliverable, or declining a Game prize for any reason, will result in disqualification and forfeiture of prize. If the potential Sweepstakes Prize winner fails to return the required document within the required time period, or the prize notification is returned undeliverable, or in the event that a potential Sweepstakes Prize winner is disqualified for any reason, Sponsor will award the Sweepstakes prize to an alternate winner selected by a random drawing from among all remaining eligible Entries received. Sweepstakes Prize will be awarded provided a sufficient number of eligible Entries are received to award one (1) prize. Unclaimed Instant Win Prizes will not be awarded.
All potential winners are subject to verification by Sponsor and/or Administrator, whose decisions are final and binding in all matters related to the Sweepstakes. A participant is not a winner of any prize unless and until participant's eligibility has been verified and participant has been notified that verification is complete.
- Prizes, and Approximate/ Retail Values (“ARV”) and Approximate Odds of Winning an Instant Win Prize: There are three (3) different Instant Win prize pools, based on the retailer selected during registration.
Entrants who’ve selected Albertson’s or Safeway (collectively, “Albertsons”) will have the opportunity to win the following:
Albertson’s Instant Win Prizes (5,656 total):
Prize Description
|
Number Available
|
ARV
|
$5 Gift Card
|
4,200
|
$5.00
|
White Ball Cap
|
20
|
$20.00
|
Evian Branded Tennis Balls
|
20
|
$4.80
|
One Free Evian Coupon
|
1,314
|
$3.00
|
Evian Branded Stadium Blanket
|
20
|
$22.98
|
Belt Bag
|
20
|
$30.00
|
12 Can Cooler
|
20
|
$48.00
|
Sponsor-selected Smart Watch
|
10
|
$99.95
|
Sunglasses
|
10
|
$109.00
|
$129 Apple Gift Card
|
10
|
$129.00
|
Duffle Bag
|
12
|
$45.00
|
Entrants who’ve selected Kroger (“Kroger”) will have the opportunity to win the following:
Kroger Instant Win Prizes (5,656 total):
Prize Description
|
Number Available
|
ARV
|
$5 Gift Card
|
5,400
|
$5.00
|
$10 Gift Card
|
200
|
$10.00
|
White Ball Cap
|
10
|
$20.00
|
Evian Branded Tennis Balls
|
10
|
$4.80
|
Evian Branded Stadium Blanket
|
10
|
$22.98
|
Belt Bag
|
10
|
$30.00
|
12 Can Cooler
|
10
|
$48.00
|
Zip up Jacket
|
4
|
$70.00
|
$129 Apple Gift Card
|
2
|
$129.00
|
Entrants who’ve selected any other retailer (“National”) will have the opportunity to win the following:
National Instant Win Prizes (5,656 total):
Prize Description
|
Number Available
|
ARV
|
White Ball Cap
|
270
|
$20.00
|
Evian Branded Tennis Balls
|
170
|
$4.80
|
One Free Evian Coupon
|
3,566
|
$3.00
|
Evian Branded Stadium Blanket
|
470
|
$22.98
|
Belt Bag
|
470
|
$30.00
|
12 Can Cooler
|
470
|
$48.00
|
Sponsor-selected Smart Watch
|
70
|
$99.95
|
Sunglasses
|
40
|
$109.00
|
$129 Apple Gift Card
|
50
|
$129.00
|
Zip up Jacket
|
20
|
$70.00
|
Duffle Bag
|
60
|
$45.00
|
Limit one (1) Instant Win Prize per person/email address/household. Odds of winning depend on the date/time of entry, the number of prizes remaining available at the time of entry and number of eligible Game plays received. Apple is not a participant in or sponsor of this promotion. Evian coupons have an expiration date of 2/28/2024. The total ARV of all Instant Win Prize Pools is $148,454.
Sweepstakes Grand Prize Winner (1 total): A four (4) day/three (3) night trip for winner and one (1) travel companion to New York, NY. Trip includes round trip economy class air transportation for winner and travel companion from major airport closest to winner’s home to destination city, three (3) nights’ hotel accommodations (one room, double occupancy), ground transportation to/from airport/hotel in destination city, a $250 Uber gift card for the winner, and two (2) tickets to the 2024 U.S. Open. The total approximate retail value (“ARV”) of the grand prize is $4,000. No cash alternative or prize substitution will be allowed, except in Sponsor's discretion. In the event the prize (or portion of prize) is unavailable for any reason beyond Sponsor’s control, Sponsor reserves the right to offer prize of equal or greater value. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of prize. Terms and conditions on gift card apply.
Trip must be taken on dates specified by Sponsor so as to coincide with the 2024 U.S. Open. Certain restrictions and blackout dates may apply. Airline tickets are for travel from major airport in the United States and D.C. nearest winner’s home to destination. Actual retail value of trip is dependent upon airport of departure. Airline carrier's regulations and conditions apply. The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. The winner and travel companion must travel together on the same itinerary. All other expenses and costs, not expressly listed above, including, but not limited to, airline baggage fees, taxes, tips, entertainment, meals, transfers, and transportation to airport to and from the winner’s home residence are the winner’s sole responsibility. Winner will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check-in and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals, and any other expenses charged to the winner’s hotel room will be charged to that major valid credit card. Sponsor is not responsible for any fees or additional charges resulting from the winner’s or travel companion’s change to itinerary or accommodations. Accommodations are subject to availability. No refunds or credit for changes are allowed. Travel companion must be 18 years of age or older at time of travel or the winner must be the parent or legal guardian of the travel companion. Travel companion (or winner/as the parent or legal guardian of a minor travel companion) will be required to execute a Release of Liability and Publicity Release and return it via email to the Administrator prior to travel. The winner and his/her/their travel companion must possess valid travel documents (i.e., valid government issued photo ID) in order to travel. Sponsor will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage, pandemics or any natural disaster outside their control that may cause the cancellation of the trip and ultimately these Official Rules will govern in any of these cases. Winner and his/her/their travel companion irrevocably waive all claims against the Released Parties and agree that the Released Parties will have no liability or responsibility and shall be held harmless by entrant/travel companion for any claim arising in connection with a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of winner and/or travel companion participating in the Sweepstakes and related activities, wherever, whenever or however the same may occur. Winner and his/her/their travel companion fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present including the prize; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. For prizes valued at $600 or more, a 1099 tax statement will be filed with the IRS for the actual total value of the Prize for the winner. The winner will receive a 1099 form in the mail for the actual retail value of the Prize, to be processed in the year in which they receive the Prize. All federal, state, and local taxes as well as all costs and expenses associated with prize acceptance and use not specific herein as being provided are the winner’s responsibility. In the event the winner or his/her/their travel companion engage in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the winner and/or travel companion home with no further compensation to the winner. Sweepstakes Prize cannot be redeemed for cash. Sweepstakes Prize is awarded “as is” with no warranty or guarantee, either express or implied. All Prize details are at Sponsor’s sole discretion.
Prize Restrictions: Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion if any advertised prize (or portion of a prize) becomes unavailable. Winners are responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes.
The ARV of any prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, 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 and in the event of cancellation, all Instant Win Prizes claimed prior to cancellation will be awarded and the Sweepstakes Prize will be awarded in a random drawing from among all eligible entries received prior to cancellation. Sponsor, Administrator, and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor or Administrator. Sponsor's or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the Game Play/Entry process, and/or the legitimate operation of the Sweepstakes; to violate these Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, including but not limited to, any fraud, technical failures or any other factor beyond Sponsor's reasonable control that impairs the integrity or proper functioning of the Sweepstakes, Sponsor may, in its sole discretion, void any suspect Game Plays/Entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) all Instant Win Prizes claimed prior to cancellation and the Sweepstakes Prize will be awarded in a random drawing from among all eligible Entries received prior to cancellation up to the time of impairment.
- Release and Limitations of Liability: By participating in this Sweepstakes, participants agree that Sponsor, Administrator, Facebook, Instagram, Twitter, USTA National Tennis Center Incorporated, the City of NY, United States Tennis Association Incorporated and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Game Play/Entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Game Plays/Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant's participation in the Sweepstakes or receipt or use or misuse of any prize. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, GAME PLAY/ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, PANDEMICS, OR TERRORISM.
BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT 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 (INCLUDING NEW JERSEY) MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Publicity. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR AND ADMINISTRATOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR AND/OR ADMINISTRATOR), AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, GAME PLAY/ENTRY, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. PARTICIPANTS AGREE THAT SPONSOR SHALL OWN THE GAME PLAYS/ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE GAME PLAYS/ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO PARTICIPANTS OR ANY THIRD PARTY.
- Disputes: Except where prohibited, participant agrees that: (1) any and all disputes, claims and 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 exclusively by the United States District Court for the Southern District of New York or the appropriate State Court located in New York County; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, 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.
- Privacy: Information collected from participants is subject to the Sponsor's Privacy Policy, which can be found at www.evian.com/en_us/privacy-policy/. Participants should be aware that Sponsor may be collecting non-public, personally-identifiable information about them in connection with the operation of the Sweepstakes.
- Sponsor/Administrator: The Sponsor is Danone US, LLC, 1 Maple Ave, White Plains, NY 10605. The Administrator is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.
- Winners List: For a list of winners (“Winners’ List”) of prizes valued at over $25, available for ninety (90) days after September 12, 2023, send an email to: Winners@dja.com with “Evian Summer IW and Sweepstakes” as the subject line. Winners List will be sent after the prizes have been awarded.