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Terms and Conditions

FiiZ Drinks Franchise, LLC (“FiiZ”) Social Media Contest Rules & Disclaimer  

  1. ELIGIBILITY This contest is open to all legal residents of the United States aged 18 years or over, except employees of FiiZ and their close relatives and anyone otherwise connected with the organization. The contest is void where prohibited by law. 
  2. AGREEMENT TO RULES By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of FiiZ as final and binding as it relates to the content of this Contest. 
  3. CONTEST PERIOD Entries will be accepted online starting on February 12, 2024 and ending February 13, 2024. All online entries must be received by 11:59 p.m. MST on February 13, 2024.
  4. HOW TO ENTER The Contest must be entered by submitting an entry via Instagram or Facebook. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of FiiZ. You must provide the information requested. 
  5. PRIZES The Winner(s) of the Contest (the “Winner”) will receive a Pink Tumbler with a $5 gift card to be shipped to the Winner’s address provided within the direct message. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by FiiZ, and FiiZ may substitute a prize with a prize of equal or greater value and FiiZ’s sole discretion. No cash or other prize substitution shall be permitted except at FiiZ’s discretion. FiiZ shall have no liability if the information provided by the Winner is not accurate, and FiiZ shall not be obligated in any way to provide additional prizes if the original prize is not received by the Winner.
  6. WINNER SELECTION AND NOTIFICATION Winners will be selected in a random drawing under the supervision of FiiZ. Winner is expected to be announced on Valentine’s Day, and in addition will be notified via direct message within five (5) days following selection of Winner via direct message on the platform of their entry. FiiZ shall have no liability for Winner’s failure to receive notices due to spam, junk email or other security settings. 
  7. FAIR AND ACCURATE ENTRIES Each entrant assures that all information provided in connection with their entry is accurate and does not violate any third-party rights or laws. Any entries found to be falsified, inaccurate, misleading, or produced with an intent to deceive or circumvent will be disqualified. 
  8. RIGHTS GRANTED BY YOU By entering this content, You understand and agree that FiiZ, anyone acting on behalf of FiiZ, and FiiZ’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, biographical information, and all other information provided by you in relation to the Contest for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. 
  9. TERMS & CONDITIONS FiiZ reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond FiiZ’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. 
  10. DISCLAIMER This promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook, Twitter, Instagram or any other social network. You are providing your information to FiiZ and not to any other party. 
  11. LIMITATION OF LIABILITY

By entering, and except where expressly prohibited by applicable law, You agree to release and hold harmless FiiZ and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from:  

(i) Your participation in the Contest and/or Your acceptance, possession, use, or misuse of any prize or any portion thereof;  

(ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment;  

(iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service;  

(iv) unauthorized human intervention in any part of the entry process or the Contest;  

(v) electronic or human error in the administration of the Contest or the processing of entries.  

  1. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

In the event of a dispute arising out of or relating to this Contest, the parties agree to attempt to resolve any dispute, claim, or controversy through informal negotiation. If the dispute cannot be resolved through informal negotiation, you agree that any and all disputes will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this arbitration agreement, and except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision.  

Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, excluding the rules governing choice of law. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings.  

The arbitration will be conducted in the State of Utah, and the parties hereby consent to such venue and waive any objections thereto.  

 

By entering this contest, each individual participant agrees to these terms and conditions.