Owala 2023 Birthday Bash Giveaway
Official Contest Rules
By entering into the Owala 2023 Birthday Bash Giveaway (the “Contest”), you agree and accept these rules (the “Official Rules”) and the decisions of Owala, which are final and binding. You further acknowledge that winning a prize is contingent upon fulfilling all the requirements set forth herein. This Contest is sponsored by Trove Brands, LLC , owner of the brand Owala (referred to in these rules as “Owala”).
How to Enter: Go to https://owalalife.com/pages/birthday-bash, follow the instructions on the page and submit your email address through the online form. All entries must be received by Owala no later than March 15, 2023 at 11:59 pm Mountain Time. NO PURCHASE NECESSARY. PURCHASING PRODUCT FROM OWALA OR A PAYMENT OF ANY KIND WILL NOT INCREASE THE CHANCES OF WINNING.
The odds of winning the Contest will depend on the number of eligible entries received. The contest winner will be selected at random.
Eligibility Rules: Contestants must be natural persons who are legal residents of, and physically located within the continental United States, and of the legal age of 18 at the time of entry.
The Contest is void where prohibited or restricted by law.
Prizes: The Contest prize shall consist of a 1-hour product reservation for a chance to buy one special edition Owala Freesip® bottle (estimated value $0.01). Each Prize represents an opportunity to purchase the listed special edition bottle, but does not include a Freesip® bottle. Winning the 1-hour reservation Prize does not guarantee the Contestant will receive a bottle.
In order to receive a bottle, Contestant must finalize their purchase using Owala’s online shopping portal and complete payment of the bottle as well as any applicable taxes, shipping and handling and any other fees or charges within the time window stated in the notification email. Owala is not responsible for any error in completing the purchase transaction, including because of Contestant’s electronic device, Contestant’s browser, device or browser settings, or other technical issues of any third-party site.
The exact number of prizes shall be based on the number of bottles actually sold, new prizes will be awarded in periodic waves until either: 1 – all available bottles of the relevant color or design have been purchased, or 2 – 11:30 am Mountain Time on March 16, 2023. Owala reserves the right to modify this prize by substituting alternative awards with an estimated value equal or greater than the prize listed in the Official Rules. Substitutions shall be made at Owala’s sole discretion and may be made at any time, with or without notice. Contestants may win more than one prize.
All prize winners acknowledge that he or she is ultimately responsible for all federal, state and local taxes due in relation to the prize. Any gift card prizes are subject to terms and conditions of the applicable gift card. All prizes are awarded “as is” with no warranty, guarantee or representations, either express or implied by Owala. No interest will be paid on any prize. All costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the prize recipient. Prizes are non-transferable and non-assignable, with no cash redemptions or substitutions, except at Owala’s sole discretion. There will be no substitutions for any prize except by Owala who reserves the right to substitute a prize with one of comparable or greater value at their sole discretion.
Winner Selection Process: Contestants’ email addresses shall be placed into 10 entry pools based on the Contestant’s selection on their entry form. A Contestant’s email address may be included in multiple entry pools. Each pool shall be organized in a randomized order into an award queue. Prizes shall be awarded from each pool in order of the randomized list until all prizes have been awarded in accordance with these Official Rules.
How to Claim Prize: After a Contestant is randomly selected, Owala shall attempt to notified Contestant by email at the email address provided in the Contestant’s entry. Owala is not responsible for any undelivered messages, emails, or other communications, including because of selected Contestant’s privacy settings, spam filter settings, or other technical issues of any email program or site.
The selected Contestant shall have up to 1 hour from the time of Owala’s attempt to notify the Contestant to purchase the item listed in the email using the email address provided in the Contestant’s entry. Upon the completion of the 1 hour reservation window, if Contestant has not purchased the bottle listed in their notification email, Contestant’s prize shall be forfeit and a new prize will be awarded to a new contestant. Owala is not responsible for any delayed notification messages for any reason, including because of selected Contestant’s privacy settings, spam filter settings, or other technical issues of any email program or email server.
Additional Terms and Conditions: If it is discovered that a Contestant has registered or attempted to register multiple times using multiple e-mail addresses, such individual’s Contest entry will be declared null and void. Owala reserves the right to disqualify any Contestant or Entry that does not meet the requirements of these Official Rules.
Each Prize represents an opportunity to purchase a special edition Owala product at an additional cost. The terms of this Contest shall in no way be deemed to award any Contestant a free bottle.
Warranty: By entering the Contest, each Contestant represents, warrants and covenants that (a) each Entry complies in all respects with the Entry Restrictions and these Official Rules, and (b) the Contestant has the right and power to enter the Contest and perform all the Contest obligations.
Privacy: By participating in the Contest, each Contestant authorizes Owala to collect, use, process, transfer, and store all data provided by such Contestant, including without limitation personal data, in and to the United States or any location(s) throughout the world that Owala deems necessary, whether within Contestant’s country of residence or elsewhere, and with such party/parties as Owala deems appropriate, for purposes of administration of the Contest. All information submitted to Owala as part of this Contest will be treated in accordance with Owala’s privacy statement, available at https://owalalife.com/pages/privacy-policy. Personal information will be used only to: (a) provide information about the Contest; (b) contact and publicize potential winners. Contestants may be given the option to receive commercial e-mails from Owala; however, eligibility to participate in the Contest is not dependent upon the Contestant’s consent to receive such e-mails.
Release and Limitations on Liability: By participating in the Contest, Contestants agree to release and hold harmless Owala and each of its respective affiliates, sales representatives, distributors, licensees, agents, advertising and Contest agencies, and all directors, trustees, officers and employees of any of the foregoing entities (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received entries; (e) errors in the administration of the Contest or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant's participation in the Contest or acceptance, receipt, use, or misuse of any prize; or travel to any Contest-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery. In the event that Contestant breaches any of these Official Rules, Released Parties shall be entitled to and may seek indemnification from Contestant for recovery of all legal fees, damages, costs, claims and other expenses that may be incurred by Released Parties as a result of the aforementioned breach. Contestant further agrees to release the Released Parties and their designees and assigns from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses and damages of any kind arising out of or in connection with the Contest or acceptance, possession, or use of any prize (including, without limitation, attorneys’ fees, claims, costs, personal injuries, losses and damages related to personal injuries, death, damage to or destruction or property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Owala is not responsible if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
Miscellaneous: The decisions of Owala are final with respect to all aspects of this Contest. The Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of Utah, without regard to choice of law principles. Except where prohibited, each Contestant agrees that: (1) Owala’s systems shall be the timeclock for any deadlines associated with this Contest; (2) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the applicable state or federal courts situated in Utah County, Utah; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; (4) under no circumstances will Contestant be permitted to obtain awards for punitive, incidental, special, consequential or other damages, including without limitation, lost profits, (collectively, “Special Damages”); and (5) Contestant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problems, or any condition caused by events beyond the reasonable control of Owala that may cause the Contest to be disrupted or corrupted, Owala may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the non-suspect, eligible entries received up to the time of the impairment. Owala reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the operation of the Contest, to be acting in violation of these Official Rules or any applicable laws relating to the Contest, or in an unsportsmanlike or disruptive manner, and to resolve all disputes in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Owala reserves the right to seek damages from any such person to the fullest extent permitted by law. Owala’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Official Rules: For a copy of these Official Rules, contact Owala contest team at the address and/or e-mail address noted below.
Sponsor: The Contest is sponsored by Trove Brands LLC (“Owala”). Sponsor’s mailing address is 250 S. 850 E., Lehi, UT 84043. Sponsor’s e-mail address is email@example.com.