2021 Faygo Dance Challenge Official Rules

  1. Sponsor Faygo Beverages, Inc., 3579 Gratiot Avenue, Detroit, Michigan 48207. Faygo® is a registered trademark of Faygo Beverages, Inc. All rights to any third-party trademarks or trade names mentioned herein or in connection with the Promotion belong to the respective trademark and trade name owner. The use or mention of such third-party trademarks or trade names in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply that third party’s endorsement or sponsorship of the Promotion.

    THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ASSOCIATED OR ADMINISTERED BY TIKTOK OR ANY OTHER SOCIAL NETWORK OR ANY OF THE BRANDS BEING AWARDED AS PRIZES. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO FAYGO BEVERAGES, INC. THE INFORMATION YOU PROVIDE WILL ONLY BE USED AS DESCRIBED HEREIN.

  2. Eligibility 2021 Faygo® Dance Challenge (the “Promotion”) is open only to legal residents of the 50 States of the United States and the District of Columbia who are at least eighteen (18) years old at the time of entry.

    VOID WHERE OTHERWISE PROHIBITED BY LAW. Sponsor’s employees and immediate family members (spouse, parents, siblings and children) and household members or employees or immediate family members or household members of Sponsor’s affiliated companies, suppliers or agents assisting Sponsor with this Promotion (“Promotion Entities”) are not eligible to enter or win.

    Subject to all applicable federal, state and local laws and regulations. Entrant’s participation constitutes entrant’s full and unconditional agreement to these Official Rules, that they are 18 years of age and agree to abide by Sponsor’s decisions, which are final and binding in all matters related to the Promotion.

  3. Promotion Period The Promotion begins on or about Friday, August 6, 2021, at 12:01AM EST Time and ends on Monday, September 6, 2021, at 11:59 PM EST (“Promotion Period”). It consists of one selection of three (3) prize winners.

    Sponsor’s (or its authorized representative’s) computers or server is the official time keeping device for all matters related to the Promotion.

    All time referenced is Eastern Time.

    UPDATE (8/20/2021): The Promotion Period has been extended through September 30, 2021, 11:59PM EST.

  4. How to Enter Each entrant to this Promotion must first follow Faygo on TikTok, located at https://www.tiktok.com/@faygobeverages or can be found by searching for username @faygobeverages. Eligible entrants can enter The Faygo Dance Challenge Promotion by posting a video on the TikTok app. In order to qualify for entry, videos must include the official promotion song “Can’t Stop the Pop” by Faygo Pop, and use #FaygoDanceChallenge in the video’s comment. Submitted videos must be under one minute in length.

    Submissions must not contain any of the following content as determined by Sponsor at their sole discretion: Violence towards or derogatory content of any race, ethnic, gender, religious, or age group. Nudity, pornography or overly sexually explicit/suggestive content. Promote use of alcohol, illegal drugs, tobacco, firearm/weapons. Contain any activity that may appear unsafe or dangerous. Contain logos or trademarks owned by others or promote any brand or product not owned by the Sponsor. Contain any copyrighted materials (such as works of art, music, web sites, film, or other media) without permission from the copyright holder.

    Entries must be original work or based on the dance provided in the Promotion’s launch video located on Faygo’s official TikTok. Entries must not violate anyone’s proprietary or intellectual property rights or they may face disqualification from the Promotion.

    All Entries become the property of Sponsor. The Website Terms of Use and Privacy Policy apply to your use of the Website. Please read them carefully.

    Only one entry into the Faygo Dance Challenge Promotion is allowed per person. In the event of multiple submissions by the same person, the newest submission will be used for judging purposes.

    Fraudulent methods of entry or circumvention of the rules may result in disqualification of all entries by such person. Use of automated entry devices or programs, or entries by third parties, are prohibited. Incomplete entries will be disqualified. In the event of an identity dispute, entry will be considered made by the registered owner of the TikTok account or username used for entry.

    By entering, you represent and warrant that you have fully complied with all aspects of these Official Rules. By entering, you agree to indemnify and hold harmless the Giveaways Entities (as defined below) from any action or liability resulting from your participation in the Giveaways and/or any other information included in any entry. Normal internet access and usage charges imposed by entrant’s internet service provider may apply and are entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by entrant’s phone service provider may apply and are entrant’s sole responsibility.

    Provision of information online is governed by Faygo’s Privacy Policy, accessible https://www.faygo.com/privacy-policy/. If you do not agree with the policies, do not participate in the Giveaways.

    SUBMISSIONS POSTED TO TIKTOK OR OTHER SOCIAL MEDIAS ARE NOT EDITED BY THE SPONSOR AND ARE THE VIEWS/OPINIONS OF THE ORIGINAL POSTER.

    All personal information collected by Sponsor will be used for administration of the Giveaways. Please refer to Sponsor’s Privacy Policy located at https://www.faygo.com/privacy-policy/ for important information regarding the collection, use and disclosure of personal information by Sponsor.

  5. Odds Odds of winning depend upon the number of eligible entries received.
  6. Selection and Notification of Winners Three (3) winners will be selected from all qualifying entries. Winners will be selected based on creativity and skill of the submitted video as determined by the sponsor’s judges.

    Giveaway Sponsor’s computer is the official clock for this Promotion.

    Winners will be chosen at the Sponsor’s sole discretion.

    The potential prize winners will be notified via direct message on TikTok. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within seventy-two (72) hours of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected.

    Winners will be contacted within three weeks of the end of the Promotion.

    If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified, and an alternate winner may be selected.

    Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.

  7. Prize Details The Winners of the Faygo Dance Challenge Promotion will each receive,
    • One DJI OM 4 Cell Phone Gimbal – ARV $149
    • One 12 Inch Ring Light – ARV $38
    • One External Shotgun Microphone – ARV $79
    • One Lightning to Headphone Jack Adapter – ARV $8

    The actual/appraised prize value may differ at the time the prize is awarded. The prizes shall be determined solely by the Sponsor. There shall be no cash or other prize substitution permitted except at the sponsor’s discretion. The prize is non-transferable. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes. The Winner shall not transfer assignment of the prize to others, nor shall the Winner request the cash equivalent or prize substitution. By accepting the prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.

  8. Publicity Consent and Rights Granted by Entrant By submitting an entry into this Promotion, you understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, username, photo, portrait, voice, likeness, image, statements about the Faygo Dance Challenge Promotion, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.

    Entries must be original work or based on the dance provided in the Promotion’s launch video located on Faygo’s official TikTok. Entries must not violate anyone’s proprietary or intellectual property rights, or they may face disqualification from the Promotion.

  9. General Rules & Release of Liability By participating in the Promotion, entrants agree to abide by and be bound by these Official Rules and the decisions of the judges, which are final and binding in all matters relating to this Promotion. No substitution, cash redemption or transfer of prize by winner permitted, other than those stated herein.

    All federal, state and local taxes are the sole responsibility of winner. All federal, state and local laws and regulations apply. Sponsor will report value of prize as required by law. All materials submitted become the property of the Sponsor and will not be acknowledged or returned. Return of any prize/prize notification as undeliverable will result in disqualification and an alternate winner may be selected.

    In case of unavailability of any prize, Sponsor, in its sole discretion, reserves the right to substitute prize of equal or greater value. Sponsor is not responsible for the quality or utility of any prize or any portion of prize. Sponsor makes no warranty with respect to any portion of prize. By accepting prize, winner consents to the use of his/her name, photograph or likeness for publicity, marketing, promotional or advertising purposes without further compensation or permission, except where prohibited by law.

    By participating, entrants agree to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, directors, officers, employees and agents and all other Promotion Entities (collectively, the “Released Parties”) from any and all liability with respect to or in any way arising from or in connection with this Promotion and/or acceptance or use of the prize, including but not limited to liability for personal injury, bodily injury, death, damages and/or loss.

    Winners assume all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of any prize. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of either (excepting compliance with applicable codes and regulations) or other event outside the reasonable control of the Released Parties will not be considered a breach of these Official Rules.

    The Released Parties are not responsible for any typographical or other error in the printing, the offering or the announcement of any prizes or in the administration of the Promotion.

    LIMITATIONS OF LIABILITY: The Released Parties are not responsible for:

    1. technical failures of any kind, including but not limited to the malfunctioning of the TikTok platform, TikTok applications, web code, third party Giveaway application or any computer, cable, network, hardware or software, delay in operation or transmission, communications line failure, technology outage, theft or destruction or unauthorized access to, or alteration of entries, whether caused by the sender or any of the equipment or programming associated with or utilized in the Promotion;
    2. the unavailability or inaccessibility of any transmissions or telephone or Internet service;
    3. unauthorized human intervention in any part of the entry process or the Promotion;
    4. electronic, clerical or human error which may occur in the administration of the Promotion or the transmission, receipt or processing of entries or notification of winners; or
    5. any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion.

    Without limiting the generality of the foregoing, Sponsor reserves the right, in its sole discretion, to terminate, modify, cancel or suspend this Promotion if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of Sponsor corrupt in whole or in part the administration, security, or proper play, of the Promotion.

    In the event of any cancellation, termination or suspension, notice thereof will be posted at www.faygocantstopthepop.com and https://www.facebook.com/faygo and the determination of the any applicable winners will be made, if practicable and reasonably commercially feasible, from among all eligible, non-suspect Promotion entries received during the Promotion Period as of the date of the termination, cancellation or suspension, as Sponsor determines in its sole and absolute discretion.

    Under no circumstances, including negligence, shall the Released Parties be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the web site, or out of any breach of any warranty.

    This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability.

    WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SPONSOR’S PAGE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS.

    Any attempt by an entrant or other individual to deliberately damage any web site or page or undermine the legitimate operation of this promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution.

    Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

    The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

    Entrant engaging in any of the foregoing activities may be disqualified and will forfeit any prizes won.

  10. Social Media Disclosure and Privacy Policy This promotion is in no way sponsored, endorsed, administered by, or associated with, TikTok, Facebook, Instagram, Twitter or any other social media platform. Sponsor and Entrants hereby release TikTok, Facebook, Instagram and Twitter from all liability, loss or damage resulting from administration of, communication of, or participation in the Giveaways.

    Provision of information online is governed by Faygo’s Privacy Policy, accessible athttps://www.faygo.com/privacy-policy/ TikTok’s Privacy Policy, accessible at https://www.tiktok.com/legal/privacy-policy?lang=en Facebook’s Terms and Policies, accessible at www.facebook.com/policies, Instagram’s Privacy Policy, accessible at https://help.instagram.com/155833707900388 and Twitter’s Privacy Policy, accessible at https://twitter.com/en/privacy. If you do not agree with the policies, do not participate in the Giveaways or otherwise use the Website, TikTok, Facebook, Instagram or Twitter.

    Normal internet access and usage charges imposed by entrant’s internet service provider may apply and are entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by entrant’s phone service provider may apply and are entrant’s sole responsibility.

  11. Disputes/Venue/Governing Law THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND MICHIGAN, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with this Promotion, they shall be individually resolved exclusively before a court located in Michigan having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out -of-pocket expenses (i.e., costs associated with entering this Promotion). The participant waives all rights to have damages multiplied or increased.
  12. Winner’s List To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: 2021 Faygo Dance Challenge Winners’ List, Faygo Beverages, Inc. 3579 Gratiot Ave, Detroit, MI 48207. All such requests must be received within one (1) month after the end of the Promotion Period.

2021 Faygo Can’t Stop the Pop Giveaway Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS CONTEST. CONTEST OPEN TO ELIGIBLE LEGAL RESIDENTS WITHIN THE 50 STATES OF UNITED STATES AND THE DISTRICT OF COLUMBIA.

  1. ELIGIBILITY: 2021 Faygo® Can’t Stop the Pop Official Rules (the “Promotion”) is open only to legal residents of the 50 States of the United States and the District of Columbia who are at least eighteen (18) years old at the time of entry.VOID WHERE OTHERWISE PROHIBITED BY LAW. Sponsor’s employees and immediate family members (spouse, parents, siblings and children) and household members or employees or immediate family members or household members of Sponsor’s affiliated companies, suppliers or agents assisting Sponsor with this Promotion (“Promotion Entities”) are not eligible to enter or win.Subject to all applicable federal, state and local laws and regulations. Entrant’s participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion.
  2. ENTRY PERIOD:

    The Promotion begins on or about Tuesday, June 1, 2021 at 12:00AM EST Time and ends on July 12, 2021 at 11:59 PM EST (“Promotion Period”).Each week’s Giveaway during the length of this promotion will begin on Tuesday at 12:00 AM EST and run for 7 days, ending on the following Monday at 11:59 PM EST. Sponsor’s (or its authorized representatives) computers or server is the official time keeping device for all matters related to the Promotion.All time referenced is Eastern Time.

    UPDATE (7/12/2021): The promotional period for the weekly giveaway has been extended to August 2, 2021 at 11:59 PM EST.

  3. SPONSOR: Faygo Beverages, Inc., 3579 Gratiot Avenue, Detroit, Michigan 48207. Faygo® is a registered trademark of Faygo Beverages, Inc. All rights to any third party trademarks or trade names mentioned herein or in connection with the Promotion belong to the respective trademark and trade name owner. The use or mention of such third party trademarks or trade names in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply that third party’s endorsement or sponsorship of the Promotion.THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ASSOCIATED OR ADMINISTERED BY FACEBOOK, TWITTER, OR INSTAGRAM. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO FAYGO BEVERAGES, INC. AND NOT TO FACEBOOK, TWITTER, OR INSTAGRAM. THE INFORMATION YOU PROVIDE WILL ONLY BE USED AS DESCRIBED HEREIN.
  4. HOW TO ENTER: Either on a mobile device or a laptop/desktop computer, use your preferred browser to visit www.faygocantstopthepop.com (the “Website”), and complete the required fields of the onscreen registration form.All Entries become the property of Sponsor. The Website Terms of Use and Privacy Policy apply to your use of the Website. Please read them carefully.Click for Weekly Entry.

    During the Entry Period, you may return to www.faygocantstopthepop.com and enter up to once per week.

    Mass entry attempts (other than as permitted above) may result in disqualification of all entries by such person. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Incomplete entries will be disqualified.

    By entering, you represent and warrant that you have fully complied with all aspects of these Official Rules. By entering, you agree to indemnify and hold harmless the Giveaways Entities (as defined below) from any action or liability resulting from your participation in the Giveaways and/or any other information included in any entry. Normal internet access and usage charges imposed by entrant’s internet service provider may apply and are entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by entrant’s phone service provider may apply and are entrant’s sole responsibility.

    Provision of information online is governed by Faygo’s Privacy Policy, accessible https://www.faygo.com/privacy-policy/. If you do not agree with the policies, do not participate in the Giveaways.

    You are providing your information to Sponsor and not to these social media platforms. All personal information collected by Sponsor will be used for administration of the Giveaways. In addition, Entrants may receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s Privacy Policy. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and Entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Please refer to Sponsor’s Privacy Policy located at https://www.faygo.com/privacy-policy/ for important information regarding the collection, use and disclosure of personal information by Sponsor.

  5. SOCIAL MEDIA DISCLOSURE AND PRIVACY POLICY: This promotion is in no way sponsored, endorsed, administered by, or associated with, Facebook, Instagram, Twitter or any other social media platform. Sponsor and Entrants hereby release Facebook, Instagram and Twitter from all liability, loss or damage resulting from administration of, communication of, or participation in the Giveaways.Provision of information online is governed by Faygo’s Privacy Policy, accessible at
    https://www.faygo.com/privacy-policy/ Facebook’s Terms and Policies, accessible at www.facebook.com/policies/, Instagram’s Privacy Policy, accessible at https://help.instagram.com/155833707900388 and Twitter’s Privacy Policy, accessible at https://twitter.com/en/privacy. If you do not agree with the policies, do not participate in the Giveaways or otherwise use the Website, Facebook, Instagram or Twitter.Normal internet access and usage charges imposed by entrant’s internet service provider may apply and are entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by entrant’s phone service provider may apply and are entrant’s sole responsibility.
  6. WINNER SELECTION AND NOTIFICATION: There will be one (1) giveaway during each 7-day period during the Promotion Period, for 6 weekly winners. There will be one winner selected during each specified period.Giveaway Sponsor’s computer is the official clock for this Giveaway.The Giveaways will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion.

    The potential prize winners will be notified by email based on the provided contact method in the entry form. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within seventy-two (72) hours of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected.

    If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected.

    Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.

    UPDATE (7/12/2021): The Giveaway Promotion Period has been extended through August 2, 2021, 11:59PM EST. The extended Promotion Period will result in an additional three (3) weekly winners during the additional three (3) week timeframe.

  7. GENERAL RULES & RELEASE OF LIABILITY: By participating in the Promotion, entrants agree to abide by and be bound by these Official Rules and the decisions of the judges, which are final and binding in all matters relating to this Promotion. No substitution, cash redemption or transfer of prize by winner permitted, other than those stated herein.All federal, state and local taxes are the sole responsibility of winner. All federal, state and local laws and regulations apply. Sponsor will report value of prize as required by law. All materials submitted become the property of the Sponsor and will not be acknowledged or returned. Return of any prize/prize notification as undeliverable will result in disqualification and an alternate winner may be selected.In case of unavailability of any prize, Sponsor, in its sole discretion, reserves the right to substitute prize of equal or greater value. Sponsor is not responsible for the quality or utility of any prize or any portion of prize. Sponsor makes no warranty with respect to any portion of prize. By accepting prize, winner consents to the use of his/her name, photograph or likeness for publicity, marketing, promotional or advertising purposes without further compensation or permission, except where prohibited by law.

    By participating, entrants agree to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, directors, officers, employees and agents and all other Promotion Entities (collectively, the “Released Parties”) from any and all liability with respect to or in any way arising from or in connection with this Promotion and/or acceptance or use of the prize, including but not limited to liability for personal injury, bodily injury, death, damages and/or loss.

    Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in this promotion or use or redemption of any prize. The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of either (excepting compliance with applicable codes and regulations) or other event outside the reasonable control of the Released Parties will not be considered a breach of these Official Rules.

    The Released Parties are not responsible for any typographical or other error in the printing, the offering or the announcement of any prizes or in the administration of the Promotion.

  8. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for:
    1. technical failures of any kind, including but not limited to the malfunctioning of the Facebook platform, Facebook applications, web code, third party Giveaway application or any computer, cable, network, hardware or software, delay in operation or transmission, communications line failure, technology outage, theft or destruction or unauthorized access to, or alteration of entries, whether caused by the sender or any of the equipment or programming associated with or utilized in the Promotion;
    2. the unavailability or inaccessibility of any transmissions or telephone or Internet service;
    3. unauthorized human intervention in any part of the entry process or the Promotion;
    4. electronic, clerical or human error which may occur in the administration of the Promotion or the transmission, receipt or processing of entries or notification of winners; or
    5. any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion.

    Without limiting the generality of the foregoing, Sponsor reserves the right, in its sole discretion, to terminate, modify, cancel or suspend this Promotion if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes beyond the control of Sponsor corrupt in whole or in part the administration, security, or proper play, of the Promotion.

    In the event of any cancellation, termination or suspension, notice thereof will be posted at www.faygocantstopthepop.com and https://www.facebook.com/faygo and the determination of the any applicable winners will be made, if practicable and reasonably commercially feasible, from among all eligible, non-suspect Promotion entries received during the Promotion Period as of the date of the termination, cancellation or suspension, as Sponsor determines in its sole and absolute discretion.

    Under no circumstances, including negligence, shall the Released Parties be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the web site, or out of any breach of any warranty.

    This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability.

    WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SPONSOR’S PAGE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS.

    Any attempt by an entrant or other individual to deliberately damage any web site or page or undermine the legitimate operation of this promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution.

    Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

    Entrant engaging in any of the foregoing activities may be disqualified and will forfeit any prizes won.

  9. PRIVACY/USE OF PERSONAL INFORMATION: Participants acknowledge and agree that any information collected in connection with this Promotion may be used by Sponsor for market research, sending you company and product updates and announcements only in accordance with the Faygo Beverages, Inc. Privacy Policy located at https://www.faygo.com/privacy-policy/ and will not be shared with other organizations for commercial and other purposes.Once received, all entries and any optional submissions of comments or suggestions will become property of Sponsor, and none will be returned.
  10. WINNER’S LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: 2021 Faygo Can’t Stop the Pop Giveaway Winners’ List, Faygo Beverages, Inc. 3579 Gratiot Ave, Detroit, MI 48207. All such requests must be received within one (1) month after the end of the Promotion Period.