PLEASE READ CAREFULLY
Participating stores promoting this program do not sponsor or administer this program and are not responsible for the program or the administration of the program. Sponsor: Talking Rain Beverage Company, Inc.
Visa® and Mastercard® are not affiliated with this promotion and in no way sponsor, endorses or administer this reward program.
Third-party product names, logos, brands, and trademarks shown are the property of their respective owners. These companies are not affiliated with this promotion and in no way sponsor, endorse or administer this sweepstakes.
1. SPARKLING ICE SPARKLE REWARD PROGRAM PERIOD:
2. ELIGIBILITY: The Sparkling Ice SPARKLE Reward Program is open only to individuals who are legal U.S. residents of CA, ID, MT, OR or WA and at least 18 years of age or older at the time of receipt submission. Employees, contractors, directors, and officers of Talking Rain Beverage Company, Inc. (“Sponsor”), any employees of participating retailers, distributors, Web design, advertising, fulfillment, judging or promotion agencies involved in the administration, development, fulfillment or execution of this Program (together the “Promotion Partners”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step” child) of the Promotion Partners are not eligible to earn any rewards.
3. ELIGIBLE SPARKLING ICE® BEVERAGES:
4. HOW TO PARTICIPATE:
Submit your receipt via the following methods:
(a) QR CODE: Using your mobile phone's camera, Scan QR code to view the retailer Display. QR code is located on Sparkling Ice point-of-sale in select retail locations. Follow on-screen instructions to complete to submit your receipt. You will be asked to confirm your age and provide your first and last name, mailing address, city, state, zip code, email address and phone number, submit image(s) of your receipt and select delivery preference of your Gift Card. The QR Code method of accessing the entry form is designed to work with most mobile phones, but Sponsor cannot guarantee that any mobile phone will work. Participants are responsible for checking their phone’s features and settings to confirm the mobile phone has the capability to scan the QR code.
TEXT: Use your mobile phone to text SPARKLE to 833-999-1588. You will receive back a text message with a link to an online form. Follow the on-screen instructions to submit your receipt. You will be asked to confirm your age and provide your first and last name, mailing address, city, state, zip code, email address and phone number, submit image(s) of your receipt and select delivery preference of your Gift Card. Standard data fees may apply. If entrant does not have a smart phone that can view the receipt submission form, the text message will display the website for receipt submissions via a computer. BY SUBMITTING A RECIEPT VIA MOBILE FORM THROUGH TEXT MESSAGING, THE ENTRANT ACKNOWLEDGES AND AGREES TO RECEIVE TEXT AND PHONE MESSAGES REGARDING THE PROGRAM. Participants must have a mobile phone with text messaging capabilities to access receipt submission form by text message and may incur standard text message and data charges from their wireless service provider for each message sent and received. Participants will receive up to three (3) text messages each time they text SPARKLE to 833-999-1588. This could result in meaningful wireless service charges being incurred over the course of the Program Period. Check with your wireless service provider for details on any applicable charges. Participants are solely responsible for any such wireless charges. Entrants will be given the opportunity to “cancel” (or unsubscribe) each time they receive a text message by sending “STOP” to the short code above. The text messaging method of receipt submission is designed to work with most of the U.S. major wireless carriers, but Sponsor cannot guarantee that any wireless service provider will participate. Participants are responsible for checking their phone’s features and wireless service to confirm the phone has the capability to text. Sponsor at its sole discretion may add or delete a cellular carrier at any time without notice.
(b) INTERNET METHOD: Visit sparkle.sparklingreward.com. Follow the on-screen instructions to submit your receipt. You will be asked to confirm your age and provide your first and last name, mailing address, city, state, zip code, email address and phone number, submit image(s) of your receipt and select delivery preference of your Gift Card.
5. VERIFICATION OF RECEIPTS:
6. DELIVERY OF $5 GIFT CARD REWARD:
7. RECEIPT / REWARD LIMITS:
8. IDENTITY OF PARTICIPANT: In the event of a dispute over the identity of a participant, a receipt submission will be declared made by the authorized account holder of such email address submitted at the time of receipt submission, and the reward recipient may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. It is the sole responsibility of the participant to notify the Sponsor in writing if the participant changes his or her e-mail, phone number, or postal address during the Program Period. Each account must be manually key stroked and manually entered by the individual participant. Automated and repetitive electronic submission of accounts and receipts (including, e.g., entries made using any script, macro, bot or form completion service) will be disqualified and transmissions from these or related email/IP addresses or wireless phone numbers may be blocked.
9. LIMITATIONS OF LIABILITY/PARTICIPANT’S RELEASES: Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate submission information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of submission at any point in the operation of this Participants; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Program; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or land line phone service; or (f) any injury or damage to participants or to any other person's computer or mobile device which may be related to or result from any attempt to participate in the Program or download of any materials in the Program. If, for any reason, the Program is not capable of running as planned -- including, without limitation, due to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program -- then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Program in whole or in part. In such event, Sponsor will immediately suspend all rewards, and Sponsor reserves the right to fulfill any remaining rewards (up to the total set forth in these Terms & Conditions) in a manner deemed fair and equitable by Sponsor (e.g., in a random drawing from among all eligible, non-suspect account submissions received up to the time of the impairment), and Sponsor will not have any further liability to any participant in connection with the Program.
By participating in the Program, participants release Sponsor and Promotion Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Program or delivery, mis-delivery, acceptance, possession, use of or inability to use any reward (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
The recipient bears all risk of loss or damage to their reward after it has been delivered. Except for applicable manufacturers’ standard warranties, all reward items are fulfilled “AS IS” and Sponsor and Promotion Parties make NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
10. DISPUTES/GENERAL CONDITIONS: Except where prohibited by law, participant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Program or any reward earned will be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Washington or the appropriate state court located in King County, Washington. This Program is governed by the laws of the State of Washington without reference to its conflict of law doctrines. Any provision of these Terms and Conditions deemed unenforceable will be enforced to the extent permissible, and the remainder of these Terms and Conditions will remain in effect. Sponsor may modify and amend these Terms and Conditions during the Program for clarification purposes without materially affecting the Terms and Conditions of the Program.
12. CONDUCT: By participating in this Program, participants agree to be bound by these Terms and Conditions and the decisions of the Sponsor that are final and binding in all respects. Failure to comply with these Terms and Conditions may result in account termination. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the process or the operation of the Program; or to be acting in any manner deemed by Sponsor to be in violation of the Terms and Conditions; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
13 SPONSOR & ADMINISTRATOR: