Nekter & COOLA Summer Giveaway Terms and Conditions

No purchase necessary to enter or win. Please read these Official Rules carefully, as they contain important information about the rights and obligations, as well as limitations and exclusions that may apply, to participate in this promotion. By entering, participant signifies and agrees to these Official Rules and the decisions of Sponsors.

1. Overview. The Nekter® and COOLA® Giveaway (the “Promotion”) is sponsored by Nekter Juice Bar, Inc. and COOLA, LLC. (“Sponsors”). The Promotion will start on June 20, 2022 at 10:00 a.m. Pacific Time and entries will be accepted through 11:59 p.m. PT on June 27, 2022 (the “Entry Period”).
2. No Affiliation with Instagram. By participating in the Promotion, participant acknowledges that the promotion is in no way sponsored, endorsed or administered by or associated with Instagram.
3. Agreement to Official Rules. By participating in the Promotion, participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsors, which are final and binding in all matters related to the Promotion.
4. Eligibility.Participants must be a legal resident of one of the 50 United States, District of Columbia, or Puerto Rico and at least eighteen (18) years of age or older. Employees of Sponsors, its parents, affiliates, subsidiaries and advertising and promotion agencies, and all respective employees, shareholders, officers, directors, agents, members, licensees, successors and assigns of the foregoing (collectively, the “Released Parties”) and members of their immediate family (spouses, parents, children and siblings) or persons living in the same household are not eligible to participate.
5. How to Participate. There is no purchase necessary to enter or win. To enter, the participant must have a valid Instagram account (there is no cost to create an Instagram account), and complete the following steps during the Entry Period:
   • Log in to your Instagram Account;
   • Follow Nekter and COOLA’s Official Instagram Accounts at: @nekterjuicebar and @COOLA;
   • Like the Nekter and COOLA Summer Giveaway post on both accounts;
   • Tag a friend in the comments for both posts to earn one (1) entry; and
   • Share the Nekter and COOLASummer Giveaway posts from either account for one (1) additional entry.
6. Submission Terms. Participants must fulfill all Promotion 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 Sponsors. Up to two entries are permitted per Instagram account. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Sponsors. Participants must maintain the ability to receive direct messages on either Instagram in order to be notified of winning. Participants are not required to submit photos, videos, or other content in order to participate.
7. Odds; Drawing. Odds of winning depend on the total number of eligible entries received.
8. Selection of Winner(s). A potential winner will be selected by way of random drawing from a pool of all eligible entries. Drawing will take place on or about June 28, 2022. All potential winners are subject to eligibility verification by Sponsors, whose decisions are final and binding. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF NOTIFIED OF BEING A WINNER, UNLESS AND UNTIL ALL OF THE CONDITIONS FOR WINNING HAVE BEEN FULFILLED. Participants are required to provide truthful information and Sponsors will reject and delete any entry that it discovers to be false or fraudulent. The potential winner will be contacted by Sponsors via Instagram direct message (potential winner must be able to receive direct messages from the handle @nekterjuicebar at the time of notification) on or about May 18, 2022. The potential winner must respond back and provide a valid email address to Sponsors within twenty-four (24) hours in order to remain eligible to win. NOTICE: Official communications pertaining to this contest will only come from the @nekterjuicebar handle.
9. Prizes. One (1) winner will receive:
   • A $500 airline voucher;
   • A $100 Nekter Juice Bar gift card
   • A $100 worth of COOLA products

Additional terms may apply to the use of airline vouchers and gift cards. Total anticipated retail value of all prizes is $700. The potential winner will be required to complete and sign an IRS Form W-9. In compliance with US IRS regulations, Sponsors will send a Form 1099-MISC to any winner receiving a prize valued in excess of $600 (USD), which requires disclosure to Sponsors of winner’s social security number. Sponsors, in their sole discretion, reserve the right to substitute prize(s) of equal or greater value if a Prize becomes unavailable. Sponsors’ determination regarding the awarding of Prizes is final. No Prize substitutions except as provided herein. Prizes are not transferable and may not be given, bartered, sold, or exchanged for cash or another prize, except at Sponsor’s sole discretion due to Prize unavailability for any reason and then only for a prize of equal or greater value. Winner remains solely responsible for paying all federal and other taxes in accordance with the laws that apply in winner’s state of residence. If a potential winner cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within twenty-four (24) hours of first attempted notification; if any notification is returned as undeliverable; if Sponsors is unable to verify potential winner’s eligibility; if potential winner fails to sign and return the required documentation within the required time period or fails to comply with these Official Rules; if any prize is returned undeliverable; or if the potential winner cannot be verified as eligible for any other reason, the potential winner is disqualified and an alternate winner may be selected. 

10. Winner Inquiry. The Instagram handle of the Winner will be posted on Instagram by @Nekterjuice bar. To inquire about the Winner, including first name and last initial, send an email to marketing@nekterjuicebar.com with subject line: Nekter and COOLA Summer Giveaway Winner Request. Winner requests must be received no later than July 16, 2022.
11. Release; Indemnification; Disclaimer of Warranty. By participating in the Promotion, all participants agree to forever and irrevocably release and hold harmless the Sponsors, Instagram (including its parent company, Meta), Released Parties from any and all liability for any loss, harm, damage, injury, cost or expense of any nature whatsoever (including attorneys’ fees) (collectively, “Losses”) which may occur in connection with (a) the Promotion or any element thereof, including entry or participation therein, (b) delivery, possession, acceptance and/or use or misuse of any Prize or component thereof, or (c) participation in any Promotion-related activity or prize-related activity including without limitation in each case any Losses that may be caused or contributed to by (1) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties, or any of their independent contractors or any other person or entity not an employee of any of the Released Parties, or (2) any other cause, condition or event whatsoever beyond the control of any of the Released Parties. In addition, by participating in this Promotion, each participant agrees to indemnify and hold harmless the Released Parties from and against any and all damages, losses, costs and expenses (including amounts paid in settlement and reasonable attorneys’ fees) incurred by any of the Released Parties in connection with any third-party claim, demand, liability, suit, proceeding or action arising out of or resulting from (i) breach or alleged breach of any representations, warranties or agreements of participant, or (ii) the use or misuse of any Prize or component thereof.
12. Publicity. Except where legally prohibited, participation in the constitutes participant’s agreement and consent to the use of participant’s name, username/handle, and/or general location (city & state) for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration, notice, review or approval.
13. Limitation of Liability. By entering the Promotion, entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsors, which shall be final, binding, and conclusive in all respects. No more than the advertised number of prizes will be awarded. Entries become the property of Sponsors on receipt and will not be acknowledged. Sponsors reserves the right, in their sole discretion, to modify, suspend or terminate the Promotion should a virus, bug or other cause beyond the control of the Sponsors corrupt the administration, security or proper play of the Promotion. In such event, the prize may be awarded by random drawing from among eligible entries received up to the date/time of corruption or modification, to the extent feasible. Sponsors are not responsible for late, lost, incomplete, or misdirected entries; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; or failures or delays in computer transmissions or network connections. The Sponsors are not responsible for incorrect or inaccurate entry information, whether caused by internet users or by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of the entries in the Promotion.
14. Disputes. Except where prohibited by law, (a) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in connection with the Promotion and in no event will any entrant be permitted to claim attorneys’ fees or other legal costs; and (b) under no circumstances will any entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses; and (c) each entrant hereby waives all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine, and all proceedings shall take place in that State. All participants who enter the Promotion agree to submit to the exclusive jurisdiction of the courts located in the State of California and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of the Promotion or Official Rules.
15. Privacy. The categories of personal information described in these Official Rules, along with personal information related to and necessary for participation in the Promotion and the receipt of any Prize, or otherwise related to Promotion may be collected by Released Parties for the purposes of sponsoring and/or administering this Promotion. Personal information may be disclosed to third parties for the purposes of facilitating this Promotion.  By entering this Promotion, you consent to the collection, processing, use and disclosure of your personal information for the purposes of administering the Promotion and for other legitimate purposes of the Released Parties. By following any of the Instagram handles mentioned in these rules, participant may receive notifications and other communications, including marketing communications, from those accounts. Sponsors’ privacy policy can be found at https://coola.com/pages/privacy and  https://www.nekterjuicebar.com/pages/privacy-policy. Sponsors’ privacy policies apply to the processing of personal information by Sponsors only. If Sponsors’ privacy notice and these Official Rules conflict with respect to the processing of personal information pursuant to this Promotion, these Official Rules control.
16. Additional Terms. Sponsors reserves the right, in their sole discretion, to cancel or suspend part or all of this Promotion at any time without notice and for any reason including, if in the Sponsors’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Promotion, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness, or integrity and proper play of the Promotion. In the event of cancellation, Sponsors may void any entries it suspects are at issue and, at its discretion, if terminated, award prize in a random drawing from among all non-suspect, eligible entries received up to the date of cancellation. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsors reserve the right to disqualify entrants who violate these Official Rules or interfere with this Promotion in any manner.
17. Contact. Questions or comments related to this promotion can be sent to Nekter Juice Bar at marketing@nekterjuicebar.com and by mail to Nekter Juice Bar, c/o Marketing Department, 2488 Newport Blvd. Ste A. Costa Mesa, CA 92627.