ANGELS SWEEPSTAKES OFFICIAL RULES
Pocari Sweat. (“Pocari”) is sponsoring the “Get Free Swag Sweepstakes” (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by participating, you (“Entrant”) agree to be bound by them and the decisions of Pocari, which are final and binding in all respects.
NO PURCHASE OR DELIVERY ON THE POCARI PLATFORM IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR DELIVERY ON THE POCARI PLATFORM DOES NOT IMPROVE YOUR CHANCES OF WINNING. THE ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. SWEEPSTAKES VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
- Eligibility: The Sweepstakes is open only to legal U.S. residents, where not probitied by law, who have participated at one of our Pocari events in 2023 or are the direct and intended recipients of an email invitation from Pocari to participate in the Sweepstakes and who are twenty-one (21) years of age or older at the time of entry. THIS SWEEPSTAKES IS NOT OPEN TO THE GENERAL PUBLIC. Employees, officers and representatives, and the immediate family members of such employees, officers and representatives (i.e., parent, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Pocari or its affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to enter. Additionally, individuals who are employed by any local, state or federal government office or agency, elected officials and individuals listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations.
- Sweepstakes Period: The Contest entry period runs until October 2023 (the “Entry Period”). Limit one (1) entry per person/email address. Additional entries beyond the specified limit will be void.
- How To Enter: During the Sweepstakes Period, there is only one way to enter the Sweepstakes:
Go to trypocari.com/events during the Entry Period and follow the instructions in the Post. Participants must read and consent to these Official Rules during the Contest entry process. Participants must also provide their complete name, address, city, state, ZIP/postal code, telephone number, email address, and Submission in accordance with the Content Restrictions as set forth below or as requested by Sponsor. Participants must fully complete and submit all non-optional data requested in the Post to be eligible. Incomplete and/or inaccurate entries are void. By successfully transmitting a completed entry form during the Entry Period as directed, you will be entered in the Contest and be a “Participant.” Participants may be given the option to receive (a) commercial email from Pocari and eligibility to participate in the Contest is not dependent upon Participant’s consent to receive such emails and/or mobile text messages and sweepstakes updates; and (b) Consenting to receive such emails and/or mobile text messages and updates will not impact any Participant’s opportunity to win. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
Submissions that do not comply with the Submission Requirements, the Content Restrictions, or otherwise with these Official Rules will be void, eliminated, and not eligible for consideration. Submissions accepted by Online entry only. No other method of entry will be accepted. Participants are solely responsible for Internet connectivity, software, and/or hardware that may be required in order to create and/or submit any Submission.
- Prize: Each Winner (as defined below) will receive the following prize: Two tickets to a Los Angeles Angels baseball game at Angel Stadium in Anaheim, California. The exact seats and ticket date to be determined in Pocari’s sole discretion (“Prize”). The Approximate Retail Value (“ARV”) of each prize is up to $200.00 USD.
The total ARV of all available prizes in the Sweepstakes is up to $400.00 USD. ONLY ELEMENTS OF THE PRIZE DESCRIBED ABOVE ARE BEING AWARDED TO WINNER. Pocari or their designee shall fulfill the Prize to the Winners. Prize details shall be provided upon winner confirmation. Winners may be required to be physically present and/or must present valid government-issued photo identification to redeem the Prize. Pocari shall have no liability for any Prize that is lost, intercepted or not received by a Winner for any reason. Any and all transportation to/from the ticket venue and any corresponding accommodations will not be provided by Pocari and will be each Winner’s (and their guest’s) sole responsibility. Winner is solely responsible for all meals, incidental expenses, tips and gratuities, income and other taxes, and all other costs and expenses not otherwise mentioned herein. Pocari and the applicable Sweepstakes Entities reserve the right to remove or to deny entry to any Winner and/or his/her guest(s) who engage(s) in a non-sportsman like or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. In such circumstances, the individual (and/or guest) may be asked to leave and may forfeit all remaining portions of the Prize. Tickets are subject to certain terms and conditions as specified thereon. Resale of tickets is prohibited.
Tickets must be used on the date specified by on the tickets and by Pocari. In the event that the game(s) associated with the Prize does not occur, Pocari reserves the right to cancel and the Winner may not receive any Prize. The terms and conditions of the tickets awarded as part of any Prize will govern in the event a legal game, event or exhibition, as defined by the applicable Sweepstakes Entities, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. In the event Pocari is unable to provide any portion of a Prize, no additional compensation or substitution will be provided in lieu thereof; and Pocari (and, for the avoidance of doubt, the Sweepstakes Entities) will have no further obligation to Winner.
Alternatively, if for any reason the Prize is unavailable or a Prize or related event, is not played or held, or performance is delayed, cancelled or postponed, or for any other reason, Pocari reserves the right to modify the Promotion in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, or assignment of the Prize, or any portion thereof, is permitted by the Winners. Pocari and the Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to attend, or who does not for any reason, accept or utilize a Prize or any portion thereof. Winners agree to comply with any additional terms and conditions applicable to the Prize. The Prize is provided “as is”; Entrants acknowledge that Pocari and the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including any implied warranty of merchantability of fitness for a particular purpose. Any prizes pictured in advertising and other Sweepstakes materials are for illustrative purposes only.
The value of the Prize may be taxable to the Winners as income. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the Prize not specifically provided for in these Official Rules are solely the responsibility of each Winner (regardless of whether the prize, in whole or in part, is used). If applicable, Each Winner must submit the Taxpayer ID, Social Security Number and/or any other information or documentation Pocari may require for payment and/or tax reporting purposes, including but not limited to a W9.
- Winner Selection and Notification: Five (5) potential winners will be selected in a random drawing by Pocari from all Eligible Entries after each event (Dates TBD). The potential winners will be notified by phone or email (at the phone number or email provided with the entry or associated with each potential winner’s driver account), and will be required to confirm his/her email address and/or phone number. Details will follow via email.
Pocari shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner cannot be reached after a reasonable efforts by Pocari and/or fails to respond to confirm his/her email address within twenty-four (24) hours (or such other time specified by Pocari) from when the initial notification phone call or email is sent, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner forfeits the Prize, and an alternate potential winner may be selected. Pocari, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of each Prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified, and an alternate potential winner may be selected. The odds of winning depend on the number of eligible entries received.
- Winner Verification: The potential winners may be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within twenty-four (24) hours after being notified of being a potential winner.
The potential winners will be required to complete and sign an Affidavit of Eligibility, release of liability, publicity release form (except where prohibited), and a completed IRS W-9 form (if required), and the eligibility of the potential winner will be verified. Forms must be returned within forty-eight (48) hours of receipt by potential winners. If any potential winner does not complete all forms necessary within the time given (or another time as designated by Pocari) and/or in the event of non-compliance by any potential winner, such potential winner shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a potential winner shall be terminated and an alternate potential winner may be selected in a random drawing from among all of the remaining Eligible Entries.
Provided that each potential winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as the Winners (each, a “Winner”). Pocari expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary.
Additionally, Pocari and the Sweepstakes Entities reserve the right to make a public announcement, announcing the Winners on either the Pocari website, through the Pocari App, or in any manner (including, without limitation, social media (e.g., Facebook, Twitter)), which they deem appropriate.
- Liability Release and Indemnity: THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY POCARI OR ANY SWEEPSTAKES ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL POCARI OR ANY SWEEPSTAKES ENTITY BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT POCARI AND/OR OTHER SWEEPSTAKES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By entering the Sweepstakes, Entrant agrees to indemnify, defend, and hold harmless, Pocari and any other Sweepstakes Entities from any and all liability, for any claims, damages, injuries or losses of any kind, and to release all rights to bring any claim, action or proceeding arising out of, in connection with, or relating to, (i) participation in the Sweepstakes, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize, including any travel/activity related thereto, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Sweepstakes or acceptance and use or the Prize, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the Prize, or Pocari’s advertising and marketing related to the Sweepstakes, Entrants or the Winners, in all cases, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, misdirected or undeliverable entries or prize notifications; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize (including, without limitation, any travel or Pocari trips or rides taken by Entrant in connection with using the Prize). Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Sweepstakes, or the acceptance, receipt, or use of the Prize or any Prize component. Entrant further agrees that in any cause of action, Pocari and/or the Sweepstakes Entities’ liability will be limited to the value of the Prize, and in no event shall the Sweepstakes Entities be liable for attorney’s fees.
Pocari and the Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Sweepstakes, or other errors appearing within the Official Rules or in the Sweepstakes related advertisements. Pocari and the Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prize and Winners, the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site including Pocari.com, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system/software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Pocari reserves the right in its sole discretion to disqualify any person it suspects or finds (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner, Pocari or the Sweepstakes Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
- Grant of Rights. Except where prohibited by law, by entering the Sweepstakes and/or winning the Prize, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, entry, statements attributed to Entrant (if true) and any video footage related to the Prizes, for all Sweepstakes Entities’ advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation and additionally consents to the Sweepstakes Entities putting his or her name on a winner’s list. Please note that Pocari may not acknowledge or return any entries.
- General Terms. Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if the Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Sweepstakes Entities. If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in Pocari’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Pocari reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing of the Sweepstakes Period, notice will be posted on Pocari.com. Pocari reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes Period for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, POCARI RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Binding Arbitration: Except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the AAA Rules, in San Francisco County, California; (4) unless both Entrant and Pocari agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Pocari in connection with the Sweepstakes, shall be governed by, and construed in accordance with, California law without giving effect to any choice of law or conflict of laws rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
- Accessibility of Official Rules: A copy of the Official Rules is available via www.Pocari.com. Where required by law, Pocari will provide the name of Winner(s) of a Sweepstakes to those who request it. For the names of Winners: (i) send a self-addressed, stamped envelope postmarked to Pocari Sweat, Need Address, Attn: Winner List; and (ii) write the name of the Sweepstakes on the lower left hand corner of the envelope. All requests for the names of the Winners must be received within two (2) weeks of the end of the Sweepstakes Period.
- Sponsored and Administered by: Sweepstakes subject to these Official Rules are sponsored and administered by Pocari Sweat, Need Address.