FRIO BEER ATV ADVENTURE SWEEPSTAKES 2020

OFFICIAL RULES

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  MUST BE LEGAL U.S. RESIDENT OF ARKANSAS, GEORGIA, OKLAHOMA AND TEXAS AND 21 YEARS OF AGE OR OLDER TO ENTER. VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. This sweepstakes begins at or after 12:01 a.m. Mountain Standard Time (MST) on June 1, 2020 and ends at 11:59:59 p.m. (MST) on July 31, 2020. There are two (2) ways to enter this sweepstakes. Entry Method No. 1 – During the Sweepstakes Period, send a text message with the keyword “ATV” from your handset addressed to “55678”. Once you send the text message, verify your age and state, you will be automatically entered into the Sweepstakes. You will be charged for all text messages sent and received from your handset according to the terms in your individual Calling Plan with your cellular provider. All entries made using Entry Method No. 1 must be received no later than 11:59:59 p.m. MST on July 31, 2020. No alterations or forged entries are permitted. All entrants using Entry Method No. 1 must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes. Receipt of entries made via text message will be acknowledged by reply text message. Prize will be awarded to the name corresponding to the phone number from which the text message originated. Standard text messaging fees apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to participate.  Check your phone capabilities for specific text-messaging instructions. Text messaging service is not available in all areas.

Entry Method No. 2 – To enter without submitting a text, during the Sweepstakes period, visit https://hp2win.com/ATVOL/ (the “Sweepstakes website) and, if you advise that you are 21 years or older, complete and submit the entry online entry form with all required information to receive one (1) entry in the Sweepstakes.  A valid e-mail address is required.  All online entries must be received no later than 11:59:59 p.m. (MST) on July 31, 2020.  All entries become the sole property of the Sponsor.  Receipt of entry may be acknowledged but such acknowledgment does not constitute any representation of eligibility for the Sweepstakes nor is it otherwise binding upon Sponsor.  No alterations or forged entries are permitted.  Prizes will be awarded to the name corresponding to the e-mail address from which the e-mail transmission originated.

Limit one (1) entry per person, per day (12:00:01 a.m. [ET] until 11:59:59 p.m. [ET]) during the Sweepstakes Period, regardless of the method of entry.  Violation of this entry limit will result in only the initial entry being accepted.  But Sponsor reserves the right to void all entries (and disqualify any entrant from the Sweepstakes altogether as well as to prohibit such entrant from participating in future promotions offered by Sponsor) if Sponsor determines in its sole discretion that a given person has engaged in egregious, blatant or repeated violations of the entry limit.  Proof of submission of entry does not constitute proof of receipt of same or proof of entry.  All entries become the sole property of the Sponsor. Sponsor and its agencies assume no responsibility for late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled entries/text message/SMS transmissions or mail entries (as applicable), regardless of cause; and, all such entries are void.  Sponsor and its agencies are also not responsible for postage due mail. mechanical reproductions will not be accepted.

  1. Prizes: ONE (1) Grand Prize will be awarded in the form for a gift card that may be used to purchase an ATV (All-Terrain Vehicle). ONE (1) Grand Prize winner will receive $5,000.00 in gift cards. (Gift Cards Issuers will be chosen by Sponsor at its sole discretion and Gift Card is subject to terms and conditions of use as indicated thereon). Approximate retail value of all prizes is $5,000.00.
  1. Winner Determination: The winners will be determined via random drawing which will occur on August 7, 2020. Drawing will be conducted by HP2Promo, a third-party judging agency which is unaffiliated with Sponsors, whose decisions will be final in all matters relating to the Sweepstakes. Odds of winning prize will be determined by the total number of eligible entries received. The winners will be notified by telephone, text message and/or email on August 7, 2020 and will be required to sign and return an affidavit of eligibility and liability and publicity release (where lawful) within THREE (3) calendar days of notification or prize will be forfeited and an alternate winner may be selected, at Sponsors’ sole discretion (time permitting). If a winner cannot be located or does not respond to attempt to be notified within twenty-four (24) hours, prize will automatically be forfeited and an alternate winner may be selected at Sponsors’ sole discretion (again, time permitting). Messages will NOT be left (should potential winners be contacted via phone). Sponsors and their agencies will make a commercially reasonable effort to contact the potential winner. But, Sponsors and their agencies expressly disclaim any and all liability in conjunction with attempts to contact any potential winner. Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation. Sponsors shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without notice or further obligation.
  1. Eligibility: This Sweepstakes is open only to legal U.S. residents of Arkansas, Georgia, Oklahoma, and Texas who are 21 years of age or older at the time of entry. Void elsewhere and where prohibited or restricted by law. Employees of the following entities and members of their families or households are not eligible for participation in the Sweepstakes under any circumstances: Frio Beverages and its affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or retailers. Subject to applicable federal, state and local laws and regulations.
  1. General Conditions: Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion. Cash equivalent may be less than the approximate retail value of the prize. Prize is non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on a prize are winner’s sole responsibility. Limit of one (1) prize per person/family/household. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking to redeem said prize. Sponsor reserves the right to conduct a background check of any criminal records of the prize winners. To the extent necessary and permitted by law, prize winners shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winners from any prize element, based on the background check. Winners also accept sole responsibility for any miscellaneous costs relating to acceptance of prize.

Entrants hereby agree to indemnify and hold Sponsor harmless from and against any third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above. Without limiting the foregoing, Sponsor makes no representation, warranty or guarantee of any kind regarding the prize, including its merchantability or fitness for the intended purpose.

The value of the prize won by a participant may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize. Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local laws, rules and regulations.

In consideration of his/her receipt of any prize, prize winner for himself or herself, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever release, waive and discharge Sponsor and all related parties from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to Sweepstakes, including, but not limited to, prize winner’s participation in Sweepstakes; prize winner’s Sweepstakes entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

Sponsors shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate Sweepstakes (or any part thereof) at any time, for any reason, without notice or further obligation.

  1. Text Message Entry Conditions: By participating in this Sweepstakes all entrants authorize Sponsor to provide their text messaging address.  Information collected in connection with this Sweepstakes will be used in accordance with Sponsor’s privacy policy and these Official Rules.  In the event of any discrepancy between the privacy policy and these Official Rules, the privacy policy shall control and govern.  To review Frio Beverages privacy policy, go to http://friobeverages.com/privacy-policy/. Sweepstakes is intended for participation in Arkansas, Oklahoma and Tennessee only and shall be construed only according to United States law.  By participating in the Sweepstakes, you authorize Sponsor to communicate with you by text messaging regarding Sweepstakes participation for the duration of the Sweepstakes.  In case of dispute as to identity of entrant, entry will be declared made by the authorized account holder of the cellular provider. “Authorized Account Holder” is defined as the natural person who is assigned a number by the cellular provider or as shown on the cellular provider’s records. Sponsor and its agencies are not responsible for SMS entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of entries in this Sweepstakes.  Any other attempted form of entry not specified herein is prohibited; no automatic, programmed; robotic or similar means of entry are permitted.
  1. Electronic Entries: In the event of a dispute, email entries will be deemed made by the authorized account holder of the email address used to submit the email/entry at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, on-line service, or other organization that is responsible for assigning email addresses. Sponsors and their respective agencies are not responsible for lost, late, damaged, illegible, misdirected, or incomplete entries, or for email entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. Sponsors are not responsible for incorrect or inaccurate entry information, whether caused by third parties or by any human or technological error that may occur in the processing of entries in this Sweepstakes. Sponsors reserve the right, in their sole discretion, to cancel or suspend all or a portion of the Sweepstakes should viruses, bugs or other causes beyond the control of the Sponsors corrupt the administration, security or proper operation of the Sweepstakes. CAUTION: ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
  1. Winners’ List: For names of winners, please send a self-addressed stamped envelope Attn to: ATV FRIO BEER Sweepstakes, PO Box 40216, Phoenix, AZ 85067. All requests for the winners’ list must be postmarked by August 31, 2020 and received by September 4, 2020.

Sponsor: Frio Beverages, Houston, TX.