In case of a dispute over the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. All entry materials submitted become the property of the Sponsor and will not be returned or acknowledged.
Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures destroy the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and to award the Prizes based on eligible entries received prior to the cancellation.
Sponsor is not responsible for problems downloading or uploading of any Sweepstakes-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in the Sweepstakes.
Prize will include the following:
8. DISPUTES: Except where prohibited, Entrant agrees that (1) any and all disputes, claims liabilities and causes of action arising out of or connected with the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, however, that claims for bodily injury, personal injury, or property damage arising out of the redemption, use or misuse of the Orlando Trip Prize or any portion thereof (“Florida Prize Claims”) must be submitted to the jurisdiction and venue of the federal and state courts of the state of Florida, and construed and enforced in accordance with the laws of the state of Florida, without reference to the choice of law provisions thereof, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses associated with entering the Sweepstakes. 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 the Sweepstakes shall be governed by, and construed in accordance with, the laws of the state of California, without giving effect to any choice of law or conflict of law rules (whether of state of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than state of California. Any litigation arising out of or in any way related to this Agreement shall be venued in San Bernardino County, California.
9. Winner’s List: For the name of the Winner (available after March 30, 2021) send a self-addressed stamped envelope to Niagara’s Refreshingly Fun Family Sweepstakes, PO Box 2312, Framingham, MA 01703-2312. Requests must be received by 4/8/2021.
10. Prize Providers: Universal Orlando is a prize provider only in this Sweepstakes; is not a sponsor of this Sweepstakes; and is not responsible for the administration of the Sweepstakes, the collection of the entries, or the conduct of the draws.
©Niagara Bottling, LLC All rights reserved.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize and is not intended to suggest any affiliation or sponsorship.