“MEET NEYMAR” PRESENTED BY GUARANÁ ANTARCTICA

 CONTEST AND SWEEPSTAKES PROMOTION

 

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  THESE RULES ARE GOVERNED BY FLORIDA LAW.

 

ONLY OPEN TO LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES  (EXCLUDING TERRITORIES) AND THE DISTRICT OF COLOMBIA WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.

 

BY ENTERING THIS PROMOTION YOU ACCEPT THAT YOU HAVE READ THESE OFFICIAL RULES AND AGREE TO BE BOUND BY THEM.

 

1.     Promotion Description

“Meet Neymar” presented by Guaraná Antarctica (the “Promotion”) consists of a photo upload skills contest (the “Contest”) and a refer-a-friend sweepstakes (the “Sweepstakes”). To enter the Contest, Entrants must visit the Promotion website http://www.meetneymar.com (the “Website”), register to enter, and submit a creative photograph of themselves with a soda can of Guaraná Antarctica (a “Contest Entry”). The general public will be able to vote online for their favorite Contest Entry. The two (2) Eligible Contest Entries with the greatest number of public votes will be assessed by a panel of judges to determine the winner.  The winner will receive the grand prize, which is the chance travel to Barcelona with up to two (2) guests to Meet Neymar Jr., or alternatively can choose to accept a check in the sum of $10,000.00.  After Contest Entry, Entrants may enter the Sweepstakes in one of two ways (each a “Sweepstakes Entry”): Entrants may invite ten (10) people to enter the Contest by submitting each person’s name and valid email address (each person is a “Friend”).  For each Friend who enters the Contest, Entrants will receive one (1) entry into the Sweepstakes; alternatively,  Entrants may enter the Sweepstakes by sending to us a postcard with the following information (printed legibly): the Entrant’s full name, address, telephone number, and date of birth.  The postcard must be sent to the Sponsor’s address (see below), stating ‘FAO: MEET NEYMAR PROMOTION’.  For each valid postcard received by Sponsor, Entrants will receive one (1) entry into the Sweepstakes. Two winners will be randomly drawn every two weeks during the Sweepstakes Period (see below), with a total of twelve (12) PlayStation 4 console prizes available to be won.  These official rules contain comprehensive terms of the Promotion (the “Official Rules”). This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook. Guaraná Antarctica grants to each Entrant a limited license to incorporate its brand name and trademark in their Contest Entry in the Contest.

 

2.     Eligibility Requirements

The Promotion is only open to legal residents of the forty-eight (48) contiguous United States (excluding territories) and the District of Columbia who are thriteen (13) years of age or older at the time of entry. In order to participate in the Promotion, Entrants who are under the age of majority in their state of permanent residence at the time of entry (an “Eligible Minor”), must have the permission of a parent or legal guardian who has read and agrees to be bound by these Official Rules personally and on behalf of the Eligible Minor. (The age of majority is eighteen (18) in most states, nineteen (19) in Alabama and Nebraska, and twenty (21) in Mississippi). The following are ineligible to enter or win: owners, directors, officers and employees of Sponsor, its parent companies, subsidiaries, licensees, affiliates, retailers, distributors, sales representatives, prize providers, advertising and promotion agencies, web design agencies and other entities associated with the development, administration, promotion, execution of, or supply to the Promotion (individually, a “Promotion Entity”) as well as the immediate family (parent, spouse, child, sibling and their respective spouses regardless of where they live) and household members of each Promotion Entity, whether or not related. The Promotion is subject to all applicable federal, state, provincial, municipal and local laws and regulations. Void in Alaska and Hawaii and where prohibited or restricted by law.

 

3.     Agreement to Official Rules

By entering the Promotion, each person who makes a Contest Entry or Sweepstakes Entry (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) (each an “Entrant” and collectively, the “Entrants”) fully and unconditionally accepts these Official Rules and agrees to be bound by them and the decisions of the Sponsor which shall be final and binding in all matters relating to the Promotion. Entrant (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) acknowledges and accepts that winning a prize is subject to verification of eligibility and compliance with these Official Rules.

 

4.     Sponsor

The Promotion is sponsored by Logistic Alliance Services, LLC, 8373 NW 74th Street, Medley, Florida 33166 (the “Sponsor”).

 

5.     Time Periods

Each start date will commence at 12:00a.m. Eastern Time (“ET”) and each end date will terminate at 11:59p.m. E.T. Sponsor’s computer clock will be the official time-keeping device for the Promotion.

 

The Promotion begins on May 30, 2014 at 12:00a.m. ET and ends on August 21, 2014 at 11:59p.m. ET (the “Promotion Period”). Registration must occur within the Promotion Period.

 

A. Contest Period: The Contest Entry and public voting period begins on May 30, 2014 and ends on August 21, 2014 (the “Contest Period”). During the Contest Period Entrants may upload a Contest Entry and voters may vote for their favorite Contest Entry. All Contest Entries and public votes must be submitted and received during the Contest Period. Any Contest Entries or votes received before or after the Contest Period will be disqualified.  Judging of the two (2) Contest Entries with the most public votes will take place by a Judging Panel applying Judging Criteria between approximately August 22, 2014 and August 26, 2014 (the “Judging Period”). Potential Winners will be notified on or about August 27, 2014.

 

B. Sweepstakes Period: The Sweepstakes Refer-A-Friend and Mail-In period begins on May 30, 2014 and ends on August 21, 2014 (the “Sweepstakes Period”) and consists of six (6) Sweepstake Entry Periods. All Sweepstakes Entries must be submitted and received during the Sweepstakes Period. Any Sweepstakes Entries received before or after the Sweepstakes Period will be disqualified. The table below sets out the time periods relevant to each of the Sweepstakes Entry Periods.

 

Fortnightly Sweepstakes Entry Periods

Entry Start Date

Entry

End Date

Sweepstakes

Draw Date

Approximate

Winner Notification Date

1

May 30, 2014

June 12, 2014

June 16, 2014

June 18, 2014

2

June 13, 2014

June 26, 2014

June 30, 2014

July 2, 2014

3

June 27, 2014

July 10, 2014

July 14, 2014

July 16, 2014

4

July 11, 2014

July 24, 2014

July 28, 2014

July 30, 2014

5

July 25, 2014

August 7, 2014

August 11, 2014

August 13, 2014

6

August 8, 2014

August 21, 2014

August 25, 2014

August 27, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sponsor reserves the right to adjust the dates and times of the Promotion without prior notice, in its sole discretion, and will announce any material changes online at the Website.

           

6.     Entry Instructions

NO PURCHASE NECESSARY TO ENTER OR WIN. Entrants must not have purchased any equipment for the purposes of entering the Promotion, and must have a valid email address, internet access and a valid U.S. Social Security number.

 

A. How to Enter the Contest:

Step 1 - Register: Entrants must visit the Website http://www.meetneymar.com during the Promotion Period and either register through Facebook or by completing the registration form with Entrant’s name and email address.  As part of the registration process, Entrants must confirm that they are at least thirteen (13) years of age and agree to be bound by these Official Rules.

 

Step 2 - Upload: Once registered, Entrants must follow the online instructions to upload one (1) original creative photograph. The Contest Entry must be in conformity with the following Photograph Guidelines and Content Restrictions (an “Eligible Contest Entry”):

 

Photograph Guidelines: The Contest Entry must, as determined by Sponsor in its sole discretion:

o   Be an original creative photograph of the Entrant with a Guaraná Antarctica soda can. There is no limit to the number of persons or soda cans that can be portrayed in the photograph;

o   Be in one of the following electronic formats: jpg, gif or png;

o   Have a maximum file size of 3MB;

o   Not have been digitally altered in any manner.

 

Content Restrictions: The Contest Entry must not, as determined by Sponsor in its sole discretion:

o   Have been previously submitted in another contest or promotion, been published, or submitted in this Contest by another Entrant;

o   Violate the privacy, publicity or intellectual property rights of any third party, including but not limited to brand names, copyright, images, logos or trademarks, without their express written consent;

o   Contain illegal or unauthorized content, or content contrary to any applicable federal, state, provincial, municipal or local laws and regulations;

o   Disparage the Contest, Guaraná Antarctica, Sponsor or any other person or entity;

o   Contain defamatory, disparaging, inappropriate, offensive, libelous, slanderous or  tortious images or messages;

o   Contain political or religious messages;

o   Contain material that promotes bigotry, harm, hatred or racism against any group or individual, or promotes discrimination based on age, disability, gender, nationality, race, religion or sexual orientation;

o   Contain material that promotes alcohol, drugs, firearms, pornography, nudity, tobacco or weapons;

o   Promote dangerous, hateful, indecent, obscene, sexual or violent behavior;

o   Include any corrupt files, Trojan horses, viruses, worms or other corruptive content that may compromise the proper administration of the Contest;

o   Violate these Official Rules.

 

LIMIT: ENTRANTS MAY SUBMIT ONE (1) CONTEST ENTRY PER PERSON PER IP ADDRESS IN THE CONTEST DURING THE ENTIRE CONTEST PERIOD. ANY ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THE STATED LIMITATION WILL BE VOID. ANY SUBMISSIONS GENERATED BY SCRIPT, MACRO OR OTHER AUTOMATED MEANS WILL BE VOID. ENTRANTS ARE NOT PERMITTED TO SHARE AN EMAIL ADDRESS WITH ANY OTHER ENTRANT.

 

By participating in the Contest, Entrants (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) acknowledge and agree that Sponsor may, but will not be obligated, to publish their Contest Entry on the Website and any other website or social platform affiliated with the Contest. The publication of a Contest Entry on the Website is not confirmation that a Contest Entry had been deemed an Eligible Contest Entry. Contest Entries will be screened for conformity with the requirements of these Official Rules and Sponsor reserves the right at any time, and without notice to Entrant, to remove from the Website and/or disqualify any Contest Entry it determines, in its sole discretion, has been submitted with incomplete, invalid or inaccurate registration information, is not an Eligible Contest Entry, or does not otherwise comply with these Official Rules. Sponsor may not acknowledge receipt of a Contest Entry, does not guarantee receipt of a Contest Entry, and disclaims any and all liability whatsoever from claims relating to failed Contest Entries. All Contest Entries become the property of Sponsor and shall not be returned.

 

Entry without using a Guaraná Antarctica soda can: If Entrants do not have a Guaraná Antarctica soda can for use in their Contest Entry, Entrants can download from the Website a Guaraná Antarctica drink sleeve for use in their Contest Entry.

 

Representations and Warranties: By entering the Contest, Entrant (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) represents and warrants that (a) the Contest Entry is their own original work; (b) the Contest Entry is an Eligible Contest Entry; (c) all persons appearing in the Contest Entry (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) have provided consent to have their photograph, likeness or image included in the Contest Entry; (d) the Contest Entry will not infringe upon the rights of any third party, including but not limited to copyrights, confidential information, trademarks, trade secrets, moral rights or rights of publicity or privacy; and (e) they have exclusive proprietary rights to the Contest Entry, or any necessary “Third Party Consent and License” (as defined hereinafter), to grant to Sponsor and its “Affiliates” (as defined hereinafter) the rights to the Contest Entry in accordance with these Official Rules. Entrant (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) agrees to indemnify and hold harmless the “Released Parties” (as defined in Section 10 of these Official Rules) from and against any and all claims, causes of action and damages, occasioned by Entrant’s violation of the representations and warranties in these Official Rules.

 

Entrant’s License: By entering the Contest, Entrant (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) irrevocably and unconditionally grant to Sponsor and its parent company, subsidiaries, affiliates, successors, assignees and licensees (collectively “Affiliates”) the non-exclusive, assignable, perpetual, worldwide, royalty-free right and license, but not obligation, to use, display, reproduce, adapt, edit, modify, promote, create derivative works from, and publish the Contest Entry in an unlimited manner, in any media now known or hereinafter developed, including but not limited to promotional or advertising materials, whether related or unrelated to the Contest, and waives any and all so-called moral rights they may have in their Contest Entry.

 

Third Party Consent and License: By entering the Contest, Entrant (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) represents, warrants, and covenants that all third parties who appear in and/or who contributed to the Contest Entry (and, if an Eligible Minor in their state of permanent residence, their parent/legal guardian) irrevocably and unconditionally grant to Sponsor and its Affiliates the non-exclusive, assignable, perpetual, worldwide, royalty-free right and license, but not obligation, to use, display, reproduce, adapt, edit, modify, promote, create derivative works from, and publish the Contest Entry in an unlimited manner, in any media now known or hereinafter developed, including but not limited to promotional or advertising materials, whether related or unrelated to the Contest, and waived any moral rights of authorship, as required for inclusion of the Contest Entry in the Contest in accordance with these Official Rules (“Third Party Consent and  License”).  Entrant (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) may be required to provide to Sponsor a separate written Third Party Consent and License, in a form acceptable to Sponsor. Failure to comply with these requirements will result in disqualification of the corresponding Contest Entry.

 

B. How to Enter the Sweepstakes:

After entering the Contest, Entrants will have the opportunity to enter the Sweepstakes during the Sweepstakes Period by clicking on a link to a refer-a-friend page on the Website and following the online instructions.  Entrants must provide the name and valid email address of ten (10) people (each person is referred to as a “Friend”), who will be sent by email an invitation to enter the Promotion through a link.  SWEEPSTAKES ENTRANTS MUST ONLY INVITE FRIENDS WHO ARE LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES  (EXCLUDING TERRITORIES) AND THE DISTRICT OF COLOMBIA WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND ARE OTHERWISE ELIGIBLE TO ENTER THE PROMOTION. All Friends must be personally known to the Entrant, have a pre-existing relationship with the Entrant, and must have provided consent to receive an invitation. Entrant will only receive entry into the Sweepstakes if a Friend enters the Promotion through Entrant’s invitation link (a “Refer-A-Friend Entry”). For each Friend who enters the Promotion through the Entrant’s invitation link, the Entrant will receive one (1) Sweepstakes Entry on the day the Friend enters the Promotion, for the applicable Sweepstake Entry Period. A ‘day’ will start at 12:00a.m. ET and end at 11:59p.m. ET. No Sweepstakes Entry will be awarded if a Friend enters the Promotion before or after the Sweepstakes Period. It is impermissible to invite the same Friend more than once, whether using the same email address or by supplying multiple email addresses for that person, and such duplicated invitations will be void.  Invitations to multiple persons with the same email address are also impermissible.  Sponsor reserves the right to verify the validity of invitations and may disqualify any Sweepstakes Entry that results from an invalid or fake email address, from the use of any robotic, automated or programmed entry method or the like, or that was not otherwise provided in accordance with these Official Rules.

 

LIMIT: ENTRANTS MAY REFER UP TO TEN (10) FRIENDS AT A TIME PER DAY OF THE SWEEPSTAKES PERIOD. ENTRANTS WILL RECEIVE ONE (1) SWEEPSTAKES ENTRY FOR EACH FRIEND WHO ENTERS THE PROMOTION AS A RESULT OF ENTRANTS REFERRAL DURING THE SWEEPSTAKES PERIOD.

 

Alternative for Sweepstakes Entry (Mail-In Entry): Alternatively, during the Sweepstakes Period, Entrants may receive entry into the Sweepstakes by mailing to Sponsor a postcard (3 x 5 inch) containing the following information, printed legibly: the Entrant’s full name, complete physical address (including city, state and zip code), telephone number (including area code) and date of birth (“Required Information”).  Postcards should be mailed with postage prepaid to Sponsor at Logistic Alliance Services, LLC, FAO: MEET NEYMAR PROMOTION, 8373 NW 74th Street, Medley, Florida 33166 (a “Mail-In Entry”). All Mail-In Entries must be received by 11:59p.m. ET on the last day of an applicable Sweepstakes Entry Period to be entered in the applicable Draw. Entrants may submit up to ten (10) postcards per day. For each postcard received by the Sponsor with the Required Information, Entrant will receive one (1) Sweepstakes Entry on the day the Mail-In Entry is received by Sponsor, for the applicable Sweepstake Entry Period.  A ‘day’ will start at 12:00a.m. ET and end at 11:59p.m. ET. Sponsor will not acknowledge receipt of a Mail-In Entry, does not guarantee receipt of Mail-In Entry, and disclaims any and all liability whatsoever from claims relating to failed Mail-In Entries. All Mail-In Entries become the property of Sponsor and shall not be returned. Proof of mailing is not proof of receipt by Sponsor. Sponsor is not responsible for incomplete, illegible, incomprehensible or postage-due Mail-In Entries, all of which will be void. Mail-In Entries resulting from the use of any robotic, automated or programmed entry method or the like are prohibited and will be void. Sponsor reserves the right to verify the validity of Mail-In Entries and may disqualify any Mail-In Entry that it determines, in its sole discretion, was not provided in accordance with these Official Rules. Mail-In Entries will be treated in the same manner as Refer-A-Friend Entries.

 

LIMIT: ENTRANTS MAY SUBMIT UP TO TEN (10) MAIL-IN ENTRIES PER DAY OF THE SWEEPSTAKES PERIOD. NO ENTRANT WILL RECEIVE MORE THAN TEN (10) SWEEPSTAKES ENTRIES PER DAY OF THE SWEEPSTAKES PERIOD.

 

Refer-A-Friend Entries and Mail-In Entries that comply with the requirements of these Official Rules will be deemed “Eligible Sweepstakes Entries”.

 

7.     Winner Selection and Odds of Winning

 

A. How the Contest Winner Is Chosen:

Step 1 - Public Vote: During the Contest Period, members of the general public will be able to vote online on the Website for their favorite Contest Entry in accordance with any online voting instructions. The two (2) Eligible Contest Entries with the highest number of valid public votes will be deemed finalists (the “Finalists”).

 

LIMIT: VOTERS MAY ONLY SUBMIT ONE (1) VOTE PER PERSON, PER IP ADDRESS, PER DAY, FOR THE CONTEST PERIOD. ANY ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THE STATED LIMITATION BY USING DIFFERENT IP ADDRESSES, EMAIL ADDRESSES OR THE LIKE IS PROHIBITED. ALTHOUGH ENTRANTS ARE ENCOURAGED TO ASK OTHERS TO VOTE, USE OF ANY UNFAIR OR AUTOMATED MEANS OF ARTIFICIALLY INFLATING VOTES, VOTE FARMING, INDUCING PERSONS TO VOTE, OR THE LIKE, IS PROHIBITED AND WILL VOID THE RESPECTIVE VOTES AND MAY DISQUALIFY THE APPLICABLE CONTEST ENTRY. 

 

Step 2 - Judging Panel: The two (2) Finalists will be assessed by a panel of judges consisting of Sponsor’s representatives (the “Judging Panel”) applying the following judging criteria (the “Judging Criteria”): Originality (40%), Creativity (30%) and Promotion of Guaraná Antarctica (30%). Subject to verification of eligibility and compliance with these Official Rules, the Finalist with the highest overall score will be judged the potential Contest winner. In the event of a tie, the tied Entry with the highest score for Originality will be judged the applicable potential winner. In the event this does not resolve the tie, the tied Entry with the highest score for Creativity will be judged the applicable potential winner. All decisions of the Judging Panel are determined in their sole discretion and are final and binding.

 

Odds of Winning: The odds of winning depend on the total number of Eligible Contest Entries received during the Contest Period, the results of the public vote and the scores of the Judging Panel applying the Judging Criteria.  A purchase or payment of any kind will not increase Entrant’s chances of winning.

 

B. How the Sweepstakes Winners Are Chosen:

 

Random Drawing: On or about the Sweepstakes Draw Date for the applicable Sweepstakes Period, Sponsor’s representatives will randomly select two (2) potential winners. Non-winning Sweepstakes Entries will roll over to the subsequent Sweepstakes Draw.

 

Odds of Winning: The odds of winning the Sweepstakes depend on the total number of Eligible Sweepstakes Entries received during the applicable Sweepstakes Entry Period and the total number of roll-over Entries from prior Sweepstake Entry Periods. A purchase or payment of any kind will not increase Entrant’s chances of winning.

 

8.     Promotion Prizes

 

A. One (1) Contest Prize:

 

Choice of Prize: The Contest winner may choose between: (a) taking up to two (2) guests (the “Companions”) with the winner to Barcelona, Spain, for the opportunity to meet Neymar Jr. (the “Meet and Greet”); or (b) accepting the sum of $10,000.00 in the form of a check in full satisfaction of the Contest Prize.  

 

Meet and Greet: The Meet and Greet opportunity will occur on a date, time, and at a location to be determined by Sponsor, in its sole discretion. Neymar Jr.’s fulfillment of the Meet and Greet is subject to his scheduling, availability and other considerations and the extent and duration of Neymar Jr.’s participation in the Meet and Greet is at Sponsor’s sole discretion. It is expected, but not guaranteed, that fulfillment of the Meet and Greet will occur no later than July 31, 2015. The Meet and Greet will include a trip to Barcelona, Spain for the winner and up to two (2) Companions (the “Trip”). The Trip is limited to the following: (a) roundtrip economy airfare between a major airport near the winner’s permanent residence within the forty-eight (48) contiguous United States or the District of Columbia and a major airport in Barcelona, Spain; (b) roundtrip ground transportation between the airport in Barcelona and the hotel, and roundtrip ground transportation between the hotel and the Meet and Greet if transportation is required; (c) up to two (2) nights standard hotel accommodation (one room, triple occupancy); and (d) meals for up to three (3) days and two (2) nights of the trip. Sponsor will determine, in its sole discretion, the travel arrangements, including but not limited to dates, airline, flight itinerary and choice of accommodation. Winner and Companions are responsible for obtaining valid travel documents, including passports and visas necessary to participate in the Trip, and must travel roundtrip and together on the same itinerary. Travel arrangements are subject to availability, restrictions, black-out dates, conditions, limitations, and may be subject to change. The Released Parties shall not be responsible for any travel cancellations, delays, disruptions, substitutions or for any act or omissions by the transportation or accommodation providers, including but not limited to, loss or damage to baggage or belongings, and shall not be liable for refunds or compensation.  Travel is subject to the chosen airlines terms and conditions, and these Official Rules.  The approximate retail value (the “ARV”) of the Trip is $6,600.00. The actual value of the trip may vary based on airfare fluctuations, distance between location of departure and destination, and hotel availability. Sponsor is not responsible for lost or mutilated tickets and has no responsibility to replace such tickets. Any difference between the stated ARV and the actual value of the prize will not be awarded in any form. There is no monetary value associated with the opportunity of meeting Neymar Jr.

 

Sponsor reserves the right, in its sole discretion, to change the location of the Meet and Greet to a location other than Barcelona, Spain. If the Event occurs within 250 miles of the permanent residence of the winner, the Trip will include roundtrip ground transportation to the Event from the winner’s permanent residence for the winner and up to two (2) Companions in lieu of air transportation, ground transportation between the relevant airport and hotel, hotel accommodation and meals. No financial compensation will be payable for this substitution.

 

Either the winner or one of their Companions must be of the age of majority in their state of permanent residence at the time of the winner’s entry in the Contest in order to travel to and participate in the Meet and Greet and the Trip.  The winner and their Companions (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) must have executed all required documents for travel to and participation in the Event, including a General Release of Liability (not of a lesser scope than that set forth below in Section 10), unless prohibited by law, and Publicity Release within seven (7) calendar days of issuance by Sponsor. As a prerequisite to awarding the Contest Prize, the winner and their Companions (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) must agree to a background check so that Sponsor can verify that their participation in the Meet and Greet will not pose a security risk or otherwise be harmful to the Released Parties (as defined in section 10 of these Official Rules), or any other person or entity associated with the Contest.

 

In the event the winner and their Companions cannot attend the Meet and Greet, do not pass the background check to Sponsor’s satisfaction as determined in its sole discretion, do not have valid travel documents, or cannot travel together on the scheduled dates, the prize will be forfeited, Sponsor will be released from any further obligation to the winner, and Sponsor will have the right to select an alternative winner from among all remaining Eligible Contest Entries, in its sole discretion. If the winner or any Companion engages in any inappropriate, disruptive, or threatening behaviour during the Trip and/or at the Meet and Greet, or acts in violation of federal, state or local laws, Sponsor will have the right to cancel the Meet and Greet and/or Trip and the winner will forfeit the outstanding elements of the prize. Sponsor will be released from any further obligation to the winner.

 

If the Meet and Greet and/or Trip are delayed, cancelled or postponed for any reason before the Trip is booked, Sponsor reserves the right to cancel the Meet and Greet and Trip in their entirety, and substitute a prize in the sum of $10,000.00 to be awarded in the form of a check in full satisfaction of the Contest Prize. Sponsor shall be released from any further obligation to the winner. Once the Trip is booked by Sponsor, if the Meet and Greet is delayed, cancelled or postponed for any reason, including inability of fulfillment by Neymar Jr., the Released Parties (as defined in section 10 of these Official Rules) shall not be liable and the winner shall accept the Trip in full satisfaction of the Contest Prize. Sponsor shall be released from any further obligation to the winner. The total ARV of the Contest Prize ranges between $6,600.00 and $10,000.00 depending on whether the Contest winner chooses to accept the opportunity to meet Neymar Jr. in Barcelona, Spain or to accept the sum of $10,000.00, and whether  the Meet and Greet Contest prize is substituted for a financial prize by Sponsor.

 

Save as specifically provided for in these Official Rules, each winner is solely responsible for all costs, expenses and fees associated with acceptance of the Contest prize, including but not limited to federal, state and local taxes, passport and visa fees, additional airline fees or surcharges, additional checked or excess baggage fees, travel insurance  (and all other forms of insurance), mini-bar costs, pay-per-view television costs, beverages, snacks, additional transport expenses, sightseeing costs, personal expenses, gratuities, telephone expenses, incidental expenses, and damage to hotel accommodation.

 

B. Twelve (12) Sweepstakes Prizes: Twelve (12) new PlayStation 4 consoles (individually a “PlayStation”).  The approximate retail value (ARV) of each PlayStation is $399.00. Total ARV of all Sweepstakes prizes is $4,788.00. Sponsor reserves the right to determine, in its sole discretion, the make, model, bundle and color of each PlayStation.  The actual value of the PlayStations may vary. Any difference between the stated ARV and the actual value of the prizes will not be awarded in any form. Save as specifically provided for in these Official Rules, each winner is solely responsible for all costs, expenses and fees associated with acceptance of the Sweepstakes prizes, including but not limited to federal, state and local taxes.

 

General Prize Conditions for all Promotion Prizes: The maximum ARV of all Contest and Sweepstakes prizes range between $11,388.00 and $14,788.00, depending on whether the Contest winner chooses to accept the opportunity to meet Neymar Jr. in Barcelona, Spain or to accept the sum of $10,000.00 and whether the Meet and Greet Contest prize is substituted for a financial prize by Sponsor. Sponsor reserves the right, in its sole discretion, to substitute any prize for one of equal or greater value or cash equivalent. No substitution, exchange, transfer or cash equivalent of a prize or portion thereof permitted by any winner save as specifically provided herein. Sponsor reserves the right, in its sole discretion, not to award all prizes if it does not receive a sufficient number of Eligible Contest Entries and Eligible Sweepstakes Entries. If the winner is an Eligible Minor, any prize may be awarded to their parent or legal guardian. Each winner is solely responsible for all taxes imposed on prizes, and the value of any prize may be taxable as income to the winner, and if the winner is an Eligible Minor, this may be taxable to their parent or legal guardian. The Contest Prize winner will receive an IRS Form 1099 in the amount of the actual value of the Prize, as required by law, to report their prize. Each winner must comply with IRS reporting requirements associated with prize receipt and/or use. PRIZES ARE PROVIDED “AS IS.” SPONSOR MAKES NO WARRANTY, GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, OF ANY KIND CONCERNING ANY PRIZE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRIZE OR ANY COMPONENT THEREOF.

 

LIMIT: ONE (1) CONTEST PRIZE AND ONE (1) SWEEPSTAKES PRIZE PER PERSON FOR THE ENTIRE PROMOTION PERIOD.

 

9.     General Promotion Conditions

 

Winner Notification and Responsibilities: Potential Contest and Sweepstakes winners will be notified by email or telephone on or about the dates stipulated in Section 5 of these Official Rules. Sponsor is not responsible for incomplete, illegible, incomprehensible, or out-of-service contact information. Each potential winner will be required to respond to notification within three (3) calendar days of notification. Each potential winner (and if an Eligible Minor in their state of permanent residence, their parent or legal guardian) will be required to sign and return an Affidavit of Eligibility,  Release of Liability and, unless prohibited by law, Publicity Release, within ten (10) calendar days of issuance, in order to claim their prize. Potential winners will also have to supply their social security number for tax reporting purposes, and written proof of any applicable Third Party Consent and License. The potential winner will forfeit their prize and Sponsor may award it to an alternative winner from among all remaining Eligible Contest Entries and Eligible Sweepstakes Entries, in its sole discretion, in the following circumstances: (a) the potential winner cannot be notified; (b) the potential winner does not respond within the stipulated time of notification; (c) the potential winner does not return the required documentation in the allotted time; (d) if a prize is returned as undeliverable;  (e) a determination is made that the Entrant is ineligible; (f) in the event of non-compliance with these Official Rules; or (g) if the potential winner is disqualified for any reason whatsoever.

 

The potential winner will not be declared the winner until Sponsor is able to verify: (a) that the Entrant meets all eligibility requirements; (b) the Contest Entry/Sweepstakes Entry is an Eligible Contest Entry/Sweepstakes Entry; (c) the potential winner has returned all required documentation within the stipulated time period to Sponsor’s satisfaction; and (d) there has otherwise been full compliance with these Official Rules, as determined by Sponsor in its sole discretion.

 

Right to Modify, Suspend, Postpone or Terminate the Promotion: Sponsor reserves the right to amend the terms of this Promotion and these Official Rules at any time, in its sole discretion, and will announce any material changes online at the Website. In the event that the operation or security of the Contest is compromised for any reason, including but not limited to fraud, bug, virus, worm, or the like, or the Contest is incapable of proceeding as planned for any reason, including but not limited to interference with the administration, integrity, operation, security, or proper conduct of the Contest, as determined by Sponsor in its sole discretion, Sponsor may modify, suspend, postpone, or terminate the Contest.

 

Right to Enforce Violations: Sponsor reserves the right to disqualify any Entrant it determines, in its sole discretion, has acted in violation of these Official Rules, tampered with the entry process or legitimate administration of the Promotion, or acted in an unsportsmanlike or disruptive manner. Any attempt to damage the Website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages (including attorneys’ fees) and any other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

 

10.  Release and Limitations of Liability

By entering the Promotion, Entrant agrees to release and hold harmless Logistic Alliance Services, LLC, Guaraná Antarctica, Neymar Jr., Facebook, and each of their respective parent companies, subsidiaries, licensees, affiliates, retailers, distributors, sales representatives, prize providers, advertising and promotion agencies, web design agencies, and other entities associated with the development, administration, promotion, execution of, or supply to the Promotion, and each of their respective officers, directors, shareholders, employees, representatives, and agents (collectively, the “Released Parties”) from and against any dispute, claim or cause of action arising out of, directly or indirectly, wholly or in part, participation in the Promotion, including participation in any travel or physical activity, or acceptance, receipt, possession, use or misuse of any prize,  including, but not limited to: (a) technical errors of any nature associated with the Promotion, including but not limited to delays, interruptions and inaccessibility related to computers, servers, internet service providers, satellites, websites, cellular networks, or telephone or network lines; (b) inaccurate or incorrect information of any nature, whether attributable to Entrant, site users, hacking, tampering, printing errors, or by any computer software, computer hardware, programming or other equipment associated with administration of the Promotion; (c) damaged, delayed, garbled, inaccurate, incomplete, invalid, lost, postage-due, misdirected, stolen, undeliverable or un-intelligible Contest Entries, Sweepstakes Entries or votes; (d) unauthorized human intervention in the Promotion; (e) network, electronic, mechanical, human, computer, printing or typographical errors; (f) any other errors or problems in connection with the Promotion, including, without limitation, errors that may occur in the registration of Entrants, provision of Contest Entries and Sweepstakes Entries, operation of the Promotion, winner selection, notification or announcement of the winner, the modification, suspension, postponement or termination of the Promotion if applicable, or in any Promotion-related materials; (g) unauthorized third party use of any Contest Entry, Refer-A-Friend information, or Sweepstakes Entry; or (h) injury, death, loss or damage of any kind, to persons or property, whether caused directly or indirectly, in whole or in part, from such participation, acceptance, receipt, possession, use or misuse of any prize or portion thereof.

 

Entrant  agrees and accepts that in any dispute, claim or cause of action, the Released Parties liability will be limited to actual out-of-pocket expenses of entering and participating in the Promotion,  and in no event shall Entrant be entitled to receive attorneys fees. Save for actual out-of-pocket expenses, Entrant waives the right to claim any damages whatsoever, including but not limited to, direct, indirect, incidental, consequential, exemplary, special, or punitive damages and waives any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

 

11.  Disputes

In the event of a dispute concerning the identity of any Entrant, the Entry will be deemed submitted by the authorized account holder (the “Authorized Account Holder”) of the email address submitted during the registration process. An Authorized Account Holder is defined as the natural person who is assigned an email address by an internet access provider, online service provider or other organization (e.g., educational institution, business etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

 

If any person believes that their image or likeness has been captured in a Contest Entry and/or published without their consent, or that their intellectual property or other rights have been included in a Contest Entry without their permission, such complaint should be immediately brought to Sponsor’s attention by sending an email to Hernan@volvant.com so that Sponsor can investigate the complaint. Sponsor reserves the right, in its sole discretion, to disqualify any Contest Entry or Entrant subject to investigation for potential infringement of these Official Rules or breach of law.

 

Except where prohibited, each Entrant agrees that any and all disputes, claims and causes of action arising out of or in relation to the Promotion or any prize awarded, shall be resolved individually and without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Florida, or the appropriate Florida State Court located in Miami-Dade County. All issues and questions concerning the construction, enforceability, interpretation and validity of these Official Rules, Entrants rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Florida.

 

12.  Privacy Policy

Personal Identification Information collected by Sponsor in accordance with these Official Rules is subject to Sponsor’s Privacy Policy. By entering the Promotion, Entrant agrees that Sponsor has the right to contact them by telephone or email in furtherance of administration and operation of the Promotion and in compliance with applicable laws, rules and regulations. Any Personal Identification Information collected by Sponsor during the Contest may be used by Sponsor and/or its Affiliates to send information to Entrant by email about new promotions and products. Recipient may unsubscribe at any time.

 

13.  Publicity Release

Acceptance of any prize in this Promotion constitutes the consent of Entrant for Sponsor and/or its Affiliates to use and publish each winner's personal information, including but not limited to, name, image, likeness, biographical information, Contest Entry, and prize for advertising and promotional purposes in any media now known or hereinafter developed, including social media, without additional compensation, permission or notification, throughout the world, in perpetuity, except as prohibited by law.

 

14.  Official Rules and Winners List

The Winners List will be posted on the Website after completion of winner validation. Sponsor will also provide a Winners List and/or an additional copy of these Official Rules if applicants send a self-addressed, stamped envelope (VT residents may omit return postage), specifying “Winners List” or “Official Rules” before December 24, 2014 to Logistic Alliance Services, LLC, FAO: MEET NEYMAR PROMOTION, 8373 NW 74th Street, Medley, Florida 33166.