Fountain Fridge Sweepstakes (the "Sweepstakes") "Official Rules"
No Purchase Is Necessary To Enter Or Win A Prize. A Purchase Will Not Improve Your Chances Of Winning. Void Where Prohibited By Law.
A valid email address and internet access are required to participate. Winners will need, within the timeframe detailed below, a Magic.link account to verify their email address when submitting a sweepstakes entry, which will be generated without cost. Magic.link automatically generates a blockchain wallet for participants when entering the sweepstakes using an email account.
Participants and winners are not required to purchase any cryptocurrencies.
By participating, you agree to these Official Rules, which are a contract.
1. Sweepstakes Description
Fountain Beverage Co. (the "Sponsor") is offering this Sweepstakes in the 50 United States and the District of Columbia (the"Territory"), that begins at 9:00:00 a.m. Eastern Time ("ET") on Wednesday, December 1, 2021, and ends at 11:59:59 p.m. ET Friday, December 31, 2021 (the "Entry Period"). Eligible individuals may enter for a chance to win the prizes described in Rule 6 below. There is a limit of one entry per person for the entire Entry Period. See Rule 3 below for additional entry details. Void where prohibited. The Sweepstakes is governed by these Official Rules.
2. Who Is Eligible To Enter/Win.
The Sweepstakes is open only to individuals who are residents of the Territory and who are twenty-one years of age or older at the time of sweepstakes entry and participation. Persons in any of the following categories are not eligible to participate in the Sweepstakes: any person who on or after June 1, 2021, was or is:
- a director, officer, employee or agent of Fountain Beverage Co., its parent company or their respective subsidiaries, affiliated companies or service agencies;
- a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of Sweepstakes materials or prizes or of any entities retained by Sponsor or its agencies to assist in any way with the administration or advertisement of the Sweepstakes;
- an immediate family member (defined as spouse, IRS dependent, or biological, foster, in-law, adoptive or step- mother, father, sister, brother, daughter or son) of, or anyone who resides in the same household as, any person in any of the preceding categories.
An eligible individual who attempts to enter the Sweepstakes during the Entry Period is hereafter referred to as a participant ("Participant"). Each Participant unconditionally accepts and agrees to comply with and abide by these Official Rules.
3. How To Enter The Sweepstakes.
The Sweepstakes must be entered by submitting an entry using the online form provided on this Sweepstakes site, located at NFTfridge.hellofountain.com. The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Fountain Beverage Co. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Sponsor.
4. Drawing/Odds of Winning.
Fifteen (15) winners and up to one (1) alternate for each prize will be selected in a random drawing from among all eligible Entries received during the Entry Period, conducted by an independent third party selected by Sponsor, on or about January 7, 2022. The odds of winning a prize will be determined by the number of Entries received.
5. Winner Notification.
Winners will be notified via email to the email address they entered the Sweepstakes within three (3) days following the winner selection. Sponsor shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 72 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited, and an alternate winner selected.
The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
6. Prize/Approximate Retail Value ("ARV").
Fifteen (15) Prizes : Each winner, subject to verification, will receive a yield bearing Fountain Refrigerator-themed non-fungible token ("Fountain Fridge NFT") that includes a GIF of a Fountain Refrigerator ("Content"), as determined by Sponsor.
Magic.link will be used to verify participant email addresses when submitting a sweepstakes entry. Magic.link automatically generates a blockchain wallet for participants when entering into the sweepstakes using an email account. Sweepstakes winners will be sent their Fountain Fridge NFT to their associated blockchain wallet created through Magic.link. After receiving their Fountain Fridge NFT, winners will receive an email to come back to the site, log in, and view/use their Fountain Fridge NFT to claim $eltzer tokens which can be redeemed for coupon codes for free fountain drinks.
The owner of the Fountain Fridge NFT passively earns one $eltzer token every single day, for one year, starting on the day they receive the Fountain Fridge NFT and can earn up to a total of 365 $eltzer tokens. When ready, the owner can go to the link sent to them in the winner notification email to log in and claim their $eltzer tokens. When the owner of the Fountain Fridge NFT reaches twelve (12) tokens claimed, they can redeem those tokens for coupon code which can be used to get a free 12-pack of Fountain Hard Seltzer on hellofountain.com. All $eltzer tokens expire and can no longer be claimed one month after the 365th token has been earned. Selling or transferring of the Fountain Fridge NFT from its original owner will cause the NFT to stop yielding $eltzer token.
As of the start of the Sweepstakes, each Fountain Fridge NFT has an ARV of $300, this ARV may change often. The winners must have a valid cryptocurrency wallet capable of accepting NFTs. The wallet can be opened for free, but may require disclosure of a social security number, government ID and other information required by the entity(ies) that provide the wallet. Other terms and conditions may apply to the acquisition and transfer of the Fountain Fridge NFT. Once Sponsor has the winner's applicable credentials and the winner has been verified, Sponsor or its agent will attempt to transfer the applicable Fountain Fridge NFT to the winner's cryptocurrency wallet that has been identified to Sponsor. Sponsor reserves the right to amend the Fountain Fridge NFT transfer process. Use of each Fountain Fridge NFT once in the applicable winner’s wallet is subject to the Terms and Conditions for each Fountain Fridge NFT found Here.
15 Prizes Available; Total ARV of all prizes: $4,500.
7. Prize Conditions/Restrictions.
A non-fungible token ("NFT") is an intangible digital asset that exists by virtue of the ownership record maintained in the applicable ledger. The Sweepstakes Entities (defined below) have no control over, make no promises or guarantees with respect to and will have no liability associated with the Fountain Fridge NFT, or any winner's cryptocurrency wallet.
- NFT Value/Transfer:
An NFT, or non-fungible token, is a collectible. The value of the Fountain Fridge NFT can vary and may not retain its ARV as noted herein and may lose all of its value. The Sponsor does not and cannot guarantee the value of the Fountain Fridge NFT. Winner agrees to assume all risk associated with the use and value of the Fountain Fridge NFT. The winner acknowledges and agrees that the prize does not include or transfer legal title or interest in any content (e.g., the copyright or other intellectual property rights therein) associated with the Fountain Fridge NFT and winner agrees to comply with all Fountain Fridge NFT Restrictions (detailed below). Transfer of the Fountain Fridge NFT by winner after receipt may require payment of a transaction fee (also known as a "gas fee") to the platforms involved in the transfer, which will be winner's sole responsibility and will not involve Sponsor.
- Fountain Fridge NFT Restrictions:
Each winner agrees that they may not:
- modify, alter and/or create derivative works of the Fountain Fridge NFT or the Content;
- use the Content to advertise, market or sell any product or service (other than the Fountain Fridge NFT itself) and may not use the Fountain Fridge NFT in a giveaway, sweepstakes, contest or other sales or promotional scheme (except to sell the Fountain Fridge NFT, itself);
- use the Fountain Fridge NFT or the Content in connection with images, videos and/or other forms of media that depict hatred, intolerance, violence, cruelty or anything else that could reasonably be found to constitute hate speech or infringe upon the rights of others;
- use the Fountain Fridge NFT or the Content in a manner that disparages or otherwise reflects unfavorably on Sponsor's products and services;
- attempt to trademark, copyright or otherwise acquire any other intellectual property rights in or to the Fountain Fridge NFT or the Content;
- remove or alter any limitations or restrictions from the metadata of the Fountain Fridge NFT or the Content; or
- permit any third party to do or attempt to do any of the preceding i-vi.
- Winner Restrictions:
All expenses, fees and charges associated with prize acceptance and use not specified above as being part of the prize are solely the responsibility of the prize winner. Minors are not eligible to enter this Sweepstakes to win any prize. If a potential winner is unable to accept a prize as stated, the prize may be forfeited in its entirety and awarded to an alternate winner. Prize can only be transferred if approved by Sponsor (which can withhold approval for any reason). Sponsor may, in its sole discretion, substitute a prize for another prize of equal or greater value for any reason, including if a prize is not available. All income taxes on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of that prize winner. All investment gains and losses and other expenses relating to the use, acceptance and possession of the Fountain Fridge NFT, including any fees related to transferring prize to winner's wallet (other than as expressly provided as part of the prize), are the sole responsibility of the winner. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Unclaimed prizes will not be awarded.
- Entry Conditions:
Each Participant acknowledges and agrees that the decisions of Sponsor and/or the Redemption Center shall be final, binding and conclusive in all matters relating to the Sweepstakes. Any person attempting to forge Prize Claim Documents or defraud Sponsor or any of the Sweepstakes Entities (defined below) in any way in connection with this Sweepstakes may be prosecuted to the fullest extent permitted under the law.
8. General Release and Conditions of Participation.
Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents. Sponsor, the Redemption Center operator, and each of their respective parent companies, subsidiaries, affiliates, local advertising cooperatives, website developers, digital/advertising/promotion agencies and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively "Sweepstakes Entities") are not responsible for:
- Entries that are incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen whether caused by Participants, email clients, wireless carriers, Internet Service Providers ("ISP") or unauthorized human intervention;
- any damage to a Participant's or other person's computer system or digital device which is caused or occasioned by participating in the Sweepstakes or claiming a Sweepstakes prize;
- technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, digital device or wireless carriers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes;
- miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, digital device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless carriers;
- any technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors in these Official Rules, any Sweepstakes advertisement or other materials or any Prize Claim Documents;
- any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention;
- any incorrect or inaccurate information, whether caused by tampering or hacking, or by any equipment or programming associated with, or utilized in the Sweepstakes, including, without limitation, Entries that are submitted by automated computer programs or other illegitimate means; or
- the incorrect or inaccurate capture of information or the failure to capture or loss of any information.
Prize Claim Documents submitted become the sole property of Sponsor and will not be returned. By participating in the Sweepstakes and to the fullest extent permitted by applicable law, each Participant hereby releases and agrees to indemnify and hold the Sweepstakes Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of any Prize. Participants waive the right to assert as a cost of winning any prize, all costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise from claiming or seeking to claim said prize. By participating in the Sweepstakes, each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Sweepstakes and other promotions without further compensation (except where prohibited by law), and releases the Sweepstakes Entities from any liability with respect thereto. Caution: any attempt to damage any online service or website or undermine the legitimate operations of the Sweepstakes may violate criminal and civil laws. If such an attempt is made, Sponsor may disqualify any Participant making such attempt and may seek damages to the fullest extent permitted by law. Sweepstakes Entities and each of their respective parents, subsidiaries, and affiliates are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant's email account, or voicemail inbox. Sweepstakes Entities and each of their respective parents, subsidiaries, and affiliates are not responsible, and may disqualify a Participant, if Participant's email address, telephone or other contact information does not work or is changed without Participant giving prior written notice to Sponsor.
- Disqualification: It is the Participant's sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules, or declines a prize for any reason prior to award, the potential winner will be disqualified, and the prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law.
- Force Majeure/Printing and Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines in its sole discretion, that any Sweepstakes materials and/or Prize Claim Documents reflect printing, production or other errors, or if it determines, in its sole discretion, that the Sweepstakes is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper entry process or the integrity and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic or pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction or other cause not reasonably within Sponsor's control, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. No more than the prize described in these Official Rules will be awarded.
- Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. Fountain employees are not authorized to modify or amend these Official Rules.
- Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sweepstakes Entities in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of New York including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's or jurisdiction's laws.
10. Official Rules.
Visit NFTfridge.hellofountain.com/rules or mail a self-addressed, stamped #10 envelope ("SASE") to: Fountain Fridge Social Sweepstakes Official Rules Request, 111 Great Neck Road, Suite 408, Great Neck, NY 11021. All requests must be received by March 31, 2022. Vermont residents may omit return postage. Limit one request per outer envelope.
11. Winners List.
To find out who won, mail a #10 SASE to: Fountain Fridge Social Sweepstakes Winner Request, 111 Great Neck Road, Suite 408, Great Neck, NY 11021. All requests must be received by March 31, 2022. Limit one request per outer envelope. The list will be available when the Sweepstakes officially ends, and the prizes have been awarded.
Fountain Beverage Co., 111 Great Neck Road, Suite 408, Great Neck, NY 11021.
This promotion is sponsored only by Fountain Beverage Co. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this Sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. Any questions, comments or complaints regarding this Sweepstakes must be directed to Sponsor.