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Sparkling ICE®/Summer Better Instagram Contest Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. YOU MUST HAVE INTERNET ACCESS PRIOR TO THE START DATE OF THE CONTEST. ELIGIBILITY: The Sparkling ICE/Summer Better Instagram Contest. The Contest is open only to legal residents of the 50 United States (or the District of Columbia) who are thirteen (13) years of age or older. Void where prohibited by law. Employees and non-employee workers of TalkingRain Beverage Company each of their respective subsidiaries, parents, partners, advertising and promotional agencies and the immediate family members of each, and any persons living with, any such employees or non-employee workers are not eligible to enter or to win. The term "immediate family members" includes spouses, parents, grandparents, siblings, children, and grandchildren. Winners of previous TalkingRain contests are not eligible to win another TalkingRain or Sparkling ICE Giveaway or contest within a 90-day period. Sponsor: TalkingRain Beverage Company Inc., 30520 SE 84th Street, Preston, WA 98050. BY ENTERING THIS CONTEST, YOU AGREE THAT YOUR ENTRY AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS CONTEST WILL BE SHARED WITH THE SPONSOR. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM OR FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM OR FACEBOOK. HOW TO ENTER: You can enter by taking the following steps: (1) Upload picture to Instagram of you doing your favorite summer activity with your favorite (2) Tag @SparklingICE in your photo; and (3) #summerbettercontest ONLY PICTURES ARE ELIGIBLE FOR ENTRY. VIDEOS WILL NOT BE ACCEPTED. EACH PERSON IS LIMITED TO ONE ENTRY FOR THE DURATION OF THE CONTEST. DURATION AND DEADLINES: Contest starts July 1st, 2013 at 8:00 AM PST. Contest ends August 1st, 2013 at 12:00 AM PST. Void where prohibited. All prizes must be redeemed within 48 hours of receiving the redemption instructions. The sole determinant of time for the purposes of the contest will be the computer clock of Sponsor. Participants entering close to the posted deadline do so with this information in mind. No responsibility is assumed by Sponsor, its subsidiaries, parents, partners, or employees for lost, late, misdirected, or illegible entries or for any computer, online, telephone or technical malfunctions that may occur. Entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an 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. All entries become the property of Sponsor and will not be returned to the entrant. Multiple entries by one person, including those made by one person using one or more e-mail accounts, will result in disqualification of all of that person’s entries. All entries must be submitted from a valid e-mail account that may be identified with a natural person by appropriate independent means, including, without limitation, reverse domain name search. Each potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, all Instagram entries must comply with the following restrictions: (i) Your image must be your own original image, created and shot by and/or featuring you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Modification of an existing image does not count as original for purposes of this Contest. (ii) Excepting those of Sponsor, the image must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service. (iii) The image must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted image complies with the entry requirements set out above including those at (i)-(iii) above. By entering, entrant grants to Sponsor a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the image in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their image to Sponsor, the form of such assignment to be determined by Sponsor. The sole determinant of time for the purposes of the Contest will be the computer clock of Sponsor. Participants entering close to the posted deadline do so with this information in mind. No responsibility is assumed by Sponsor, its subsidiaries, parents, partners, or employees for lost, late, misdirected, or illegible entries or for any computer, online, telephone or technical malfunctions that may occur. Entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an 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. All entries become the property of Sponsor and will not be returned to the entrant. Multiple entries by one person, including those made by one person using one or more e-mail accounts, will result in disqualification of all of that person’s entries. All entries must be submitted from a valid e-mail account that may be identified with a natural person by appropriate independent means, including, without limitation, reverse domain name search. Each potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. Each winner will be featured on our Instagram Will receive a (i) a one month supply (three 12 pack cases) of his/her favorite Sparkling ICE flavor(s),(ii) a Sparkling ICE t-shirt and (iii) a tote bag. Prizes are non-transferable and may not be redeemed for cash; no substitutions or partial acceptance of prizes is permitted. Sponsor reserves the right to substitute any prize or prize component with one of equal or greater value. By participating in the contest and accepting a prize, entrants and winners will be deemed to have agreed to these Official Rules. Each winner is responsible for all applicable federal, state, and local income and any other taxes, fees and surcharges. An IRS Form 1099 or equivalent will be issued to the winner for any prize with a retail value in excess of $600. WINNER SELECTION: Selected winners will be chosen by Sparkling ICE and its panel of judges. ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS AS TO THE OPERATION AND ADMINISTRATION OF THE CONTEST AND THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF HE/SHE RECEIVES AN INSTANT WIN MESSAGE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND POTENTIAL WINNING ENTRY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. USE OF CONTEST INFORMATION: Not withstanding any contrary provision in any of Sponsor’s privacy policies, each entrant grants to Sponsor, and Sponsor reserves, the right to use any and all information related to the contest, including information provided by entrants in connection with the contest, for marketing purposes or any other purpose, unless prohibited by law. By entering, entrants release and hold harmless Sponsor and Instagram with their respective parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damages of any kind arising from or in connection with the contest or any prize won. Restrictions, conditions and limitations apply. CONDUCT: By entering the contest, you agree to be bound by these Official Rules, which will be posted atthroughout the contest. Entrants further agree to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Website, or to be acting in violation of the Official Rules. You agree that in your participation in the contest you will not use obscene, libelous or slanderous language, or language that infringes upon a third party's trademark, trade name or other intellectual property right or right of privacy. You agree to indemnify and hold harmless Sponsor, its affiliates and parent companies, and each of their respective officers, directors, consultants, agents, and employees against and from all claims, damages liabilities, costs and expenses asserted by third parties alleging that the contest includes obscenity, libel, slander, or infringes upon the third party's intellectual property or privacy rights, as a direct result of your actions in connection with the contest. You further agree to not knowingly damage or cause interruption of the contest or to prevent others' participation in the contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE INSTAGRAM OR A TALKINGRAIN WEB SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. LIMITATIONS OF LIABILITY: Winners assume liability for losses or injuries caused or claimed to be caused by participating in the contest, or by the acceptance, possession, use of, or failure to receive any prize. Sponsor is not responsible: (i) for any lost, late, incomplete or misdirected entries; or (ii) for any incorrect or inaccurate information in the Official Rules or for any technical or human error that may occur in the processing of submissions in the contest. Sponsor assumes no responsibility for an error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of authorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to entrant’s or to any other person's computer related to or resulting from participating or downloading materials in the Contest. If the Contest is not capable of running as planned for any reason, including legal restrictions, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest, Sponsor reserves the right to cancel, terminate, modify or suspend the Contest. RULES / WINNERS LIST: Official Rules and the name of the winners may be obtained by sending a self-addressed, stamped #10 envelope to: TalkingRain Beverage Company at 32050 SE 84th Street SE Preston, WA 98050. Indicate Summer Better Instagram Contest on the outside of the envelope as applicable. Limit one (1) request per envelope. The request must include the name of the Contest. INTELLECTUAL PROPERTY: The Contest and all of the related pages, contents and code are the copyright of Sponsor. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited. GENERAL CONDITIONS: This Contest is subject to all federal, state, and local laws and regulations and is void where prohibited by law. DISPUTES: Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court located in King County, Washington or the appropriate Washington state court located in King County, Washington; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether in the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to TalkingRain Beverage Company and Instagram.

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