To participate in this promotion, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Sponsor: Prime Hydration, LLC, 2858 Frankfort Ave, Louisville, KY 40206 U.S.A.; Prime Hydration UK Limited, 60 Gracechurch Street, 6th Floor, London, EC3V 0HR U.K. (collectively, "Sponsor").
Administrator: Probability LLC ("Probability"), 2 Woodstock Meadows Ln, PO Box 1484, Woodstock, NY 12498 U.S.A. ("Administrator").
- Eligibility: The PRIME GOLD BOTTLE INSTANT WIN GAME PROMOTION ("PRIME Gold Bottle Instant Win Game" or "Game") is open only to legal residents of the 50 United States and the District of Columbia, the United Kingdom; Canada; and the European Union (see Exhibit A for list of European Union member countries) , who are at least thirteen (13) years of age. If an individual is at least thirteen (13) years of age but under sixteen (16) years of age , such individual will only be allowed to participate in the Game if they are accompanied by a parent, legal guardian or other adult chaperone who assumes full responsibility for their conduct while present at the Game location as discussed below. Any employees, consultants, independent contractors, and interns who have, within the past six months, performed services for Sponsor, Crunch Labs LLC, Fusion Performance Marketing, LLC, a 160over90 Company ("On-Site Administrator"), Alpine Training Services, LLC ("The ATS Team"), Administrator and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to participate or win a prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Offered only in New York, New York U.S.A. and London, UK; void elsewhere and where prohibited or restricted by law.
- Game Schedule: The PRIME Gold Bottle Instant Win Game will take place at the following locations, beginning at 11:00:00 a.m. Eastern Time/4:00 p.m. Greenwich Mean Time on Friday, November 10, 2023 and concluding at a given location the earlier of: (i) a winning attempt to unlock the prize at that location; or (ii) 10:00:00 a.m. Eastern Time/3:00 p.m. Greenwich Mean Time on Sunday, November 12, 2023 ("Promotion Period")
Each location features its own, independent Game with its own prize. For example, a winning attempt in New York will not end the Game in London.
Notwithstanding the foregoing: should a winning attempt to unlock the prize occur at one location but not the other location prior to the end of the Promotion Period as set forth above, the Promotion Period for the other location (which did not feature a winning attempt) will end at 11:00:00 a.m. Eastern Time/4:00 p.m. Greenwich Mean Time on Sunday, November 12, 2023 (as the case may be.)
- How to Play:
Step 1 - Visit
(a) Visit the New York, New York or London location during the Promotion Period. NO ADMISSION FEE OR OTHER PURCHASE OR PAYMENT IS REQUIRED TO VISIT A LOCATION OR TO PARTICIPATE IN THE GAME.
(b) At the location, line up in an orderly manner at the designated spot in accordance with the instructions of the On-Site Administrator.†
BY VISITING THE LOCATION, YOU (IF YOU ARE UNDER EIGHTEEN  YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE [A "MINOR"], YOUR PARENT/LEGAL GUARDIAN AND/OR CHAPERONE, AS THE CASE MAY BE) GRANT TO SPONSOR AND ITS DESIGNEES PERMISSION TO USE THE PARTICIPANT’S NAME, VOICE, LIKENESS, PHOTOGRAPH, BIOGRAPHICAL DATA AND CITY AND STATE/REGION OF RESIDENCE ON A WINNER’S LIST (IF CONFIRMED AS THE PRIZE WINNER, AS DISCUSSED BELOW) AND FOR PROGRAMMING, PUBLICITY AND PROMOTIONAL PURPOSES, WORLDWIDE IN ALL FORMS OF MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, IN PERPETUITY, WITHOUT COMPENSATION OR FURTHER NOTICE OF ANY KIND, UNLESS PROHIBITED BY LAW. IF PARTICIPANT IS THE PRIZE WINNER, THE PRECEDING GRANT OF RIGHTS MAY INCLUDE BUT IS NOT LIMITED TO THE WINNER (IF A MINOR, THEIR PARENT OR LEGAL GUARDIAN) PARTICIPATING IN MEDIA INTERVIEWS AND/OR OTHER CONTENT CREATION AS DIRECTED BY SPONSOR AND ITS DESIGNEES. IF YOU (IF A MINOR, YOUR PARENT/LEGAL GUARDIAN AND/OR CHAPERONE, AS THE CASE MAY BE) DO NOT WISH TO GRANT SUCH RIGHTS, YOU ARE ADVISED TO IMMEDIATELY LEAVE THE LOCATION.
(c) When called by the On-Site Administrator, approach the Game Play area.
YOU MUST BE AVAILABLE WHEN CALLED BY THE ON-SITE ADMINISTRATOR. UNDER NO CIRCUMSTANCES WILL A SPOT BE "HELD" FOR AN ABSENT PERSON.
IF YOU ARE NOT AVAILABLE (OR IF YOU ARE IN VIOLATION OF THE GAME’S "CODE OF CONDUCT," AS SET FORTH IN RULE 6 BELOW), YOU WILL FORFEIT THE OPPORTUNITY TO PARTICIPATE IN THE GAME FOR A CHANCE TO WIN THE PRIZE AT THAT LOCATION. IF YOU ARE NOT AVAILABLE, PROVIDED THAT YOU ARE IN COMPLIANCE WITH THE "CODE OF CONDUCT" AS DETERMINED BY ON-SITE ADMINISTRATOR IN ITS SOLE DISCRETION, YOU WILL BE ALLOWED TO RETURN TO THE END OF THE LINE TO POSSIBLY RECEIVE ANOTHER OPPORTUNITY TO PLAY THE GAME PROVIDED THAT TIME REMAINS IN THE PROMOTION PERIOD AND ANOTHER PARTICIPANT HAS NOT "UNLOCKED" THE FACSIMILE OF THE PRIME GOLD BOTTLE (AS DISCUSSED BELOW) IN THE INTERIM. IF YOU ARE NOT AVAILABLE AND ARE NOT IN COMPLIANCE WITH THE "CODE OF CONDUCT," YOU WILL NOT BE ALLOWED TO RETURN TO THE END OF THE LINE AND MUST IMMEDIATELY LEAVE THE LOCATION.
You may be asked to present valid government-issued photo identification or other proof of your identity when called by the On-Site Administrator to play the Game; if the On-Site Administrator determines in its sole discretion that such photo identification is inadequate/insufficient or if you do not or cannot provide such identification upon request, you will not be permitted to play the Game.
†OPPORTUNITY TO PARTICIPATE IN THE GAME IS OFFERED ON A FIRST COME-FIRST SERVED BASIS AND IS NOT GUARANTEED. SPONSOR, ON-SITE ADMINISTRATOR AND ADMINISTRATOR MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ALL PERSONS WHO VISIT EITHER LOCATION DURING THE PROMOTION PERIOD WILL BE ABLE TO PARTICIPATE IN THE GAME (PROVIDED THAT THE PRIZE FOR THAT LOCATION IS STILL AVAILABLE), WITH SPONSOR, ON-SITE ADMINISTRATOR AND ADMINISTRATOR DISCLAIMING ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH UNDER ANY LEGAL THEORY.
Step 2 - Game Play
The Game Play features a device holding a facsimile of the PRIME Gold Bottle. After being called by the On-Site Administrator, you will have twenty (20) seconds to manually select an six (6) digit code in the predetermined exact sequence to "unlock" the device and release the facsimile of the PRIME Gold Bottle (with time being kept by On-Site Administrator in their sole discretion). You may NOT use any implement, equipment, tool or substance as part of your attempt to "unlock" the facsimile of the PRIME Gold Bottle. If a six (6) digit code entered by a participant does not "unlock" the device, it will be blocked out in the Game system for the applicable location and cannot be repeated by subsequent participants at that location.
All aspects of the Game will be supervised by On-Site Administrator, and, at all times, you must fully comply with the instructions of On-Site Administrator. Without limitation, this includes starting and stopping your attempt to select the code on the device at the signal of On-Site Administrator. FAILURE TO FOLLOW THE INSTRUCTIONS OF ON-SITE ADMINISTRATOR MAY RESULT IN TERMINATION OF PARTICIPATION IN THE GAME, PERHAPS WITHOUT WARNING AND WITHOUT LIABILITY OF ANY KIND TO ON-SITE ADMINISTRATOR, SPONSOR OR ADMINISTRATOR.
By playing the Game, you (if a Minor, your parent/legal guardian/chaperone) agree to abide by and be bound by these Official Rules and the decisions of Sponsor, On-Site Administrator and Administrator, all of which are final and binding in all respects and not subject to appeal. Such decisions expressly include but are not limited to On-Site Administrator’s determination of the result of Game play- whether or not you "unlocked" the facsimile of the PRIME Gold Bottle in full compliance with these Official Rules. You (if a Minor, your parent/legal guardian/chaperone) further (a) agree to fully comply with the Code of Conduct with the understanding that any violation of the Code of Conduct may result in automatic disqualification without liability of any kind to Sponsor, On-Site Administrator or Administrator notwithstanding the result of Game play; and (b) grant to Sponsor and its designees permission to use the participant’s name, voice, likeness, photograph, biographical data and city and state/region of residence on a winners’ list (if confirmed as a prize winner, as discussed below) and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without compensation or further notice of any kind, unless prohibited by law. If participant is a prize winner, the preceding grant of rights may include but is not limited to the winner (if a Minor, and/or their parent or legal guardian) participating in media interviews and/or other content creation as directed by Sponsor and its designees.
If you select the correct code, you are the potential prize winner as you have "unlocked" the facsimile of the PRIME Gold Bottle. See Rule 8 below for prize claim procedure. THE GAME WILL AUTOMATICALLY END FOR THAT LOCATION AT THAT TIME.** Without limitation, no additional persons on line will be called by the On-Site Administrator to select a code and attempt to "unlock" the facsimile of the PRIME Gold Bottle.
If you select an incorrect code (which does NOT "unlock" the facsimile of the PRIME Gold Bottle) or fail to select a code within the allotted twenty (20) second time period, you are NOT the prize winner. You may return to the end of the line to possibly receive another opportunity to play the Game provided that time remains and another participant has not "unlocked" the facsimile of the PRIME Gold Bottle in the interim. THE GAME WILL CONTINUE FOR THAT LOCATION WITH THE NEXT PERSON CALLED BY THE ON-SITE ADMINISTRATOR PROVIDED THAT TIME REMAINS PRIOR TO THE CONCLUSION OF THE PROMOTION PERIOD.
ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ON-SITE ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING.
SHOULD NO PERSONS SELECT THE CORRECT CODE AT A GIVEN LOCATION, SPONSOR MAY (OR MAY NOT) AT ITS SOLE DISCRETION AWARD THE PRIZE TO AN ALTERNATE WINNER IN A MANNER OF SPONSOR’S SOLE CHOOSING.
**Selecting the correct code at one location will have no effect on the conduct of the Game at the other location.
No practice rounds or "do-overs" are allowed. However, if Game play attempt is interrupted after commencement due to some action/event beyond the control of participant and/or On-Site Administrator, On-Site Administrator reserves the right to "pause" or re-start Game play for that affected participant in their sole discretion. Any such action by On-Site Administrator shall be taken on a case-by-case basis and will not have any precedential effect.
- CODE OF CONDUCT:
The following conduct is prohibited by any person at either location:
- Prizes, Approximate Retail Value ("ARV") and Odds:
One (1) Prize of winner’s choice of:
A 24-carat gold PRIME bottle (ARV: $500,000.00 USD**) OR $500,000 USD (as of November 1, 2023, £ 411,345.00) to be awarded as a check.
One (1) Prize will be offered per location, for a maximum of two (2) Prizes. IN NO EVENT WILL MORE THAN ONE (1) PRIZE BE AWARDED PER LOCATION.
Odds of winning the Prize in a given location are no worse than 1:1,000,000, provided that the removal of the incorrect selected codes will improve the odds of winning for those participants who receive same prior to Game play.
**ARV is based on appraisal value of 24-carat gold PRIME bottle as of November 1, 2023. Actual value of 24-carat gold PRIME bottle may vary and under no circumstances will the winner receive the difference between ARV and actual final value. The 24-carat gold PRIME bottle may differ from the facsimile of same in the device at the location, with Sponsor, On-Site Administrator and Administrator disclaiming any and all liability in conjunction therewith.
BY PARTICIPATING IN THE GAME, PARTICIPANTS (IF A MINOR, THEIR PARENT OR LEGAL GUARDIAN) ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS GAME, INCLUDING THE PRIZES, ARE PROVIDED "AS IS" AND THAT SPONSOR, ON-SITE ADMINISTRATOR AND ADMINISTRATOR MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND SPONSOR/ON-SITE ADMINISTRATOR/ADMINISTRATOR HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION’S LAW.) SUBJECT TO RULE 10 BELOW WITH RESPECT TO U.K. AND EUROPEAN UNION RESIDENTS, THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE GAME; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE PROCESS OF PARTICIPATING IN THE GAME; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE GAME, THE PROCESSING OF GAME PLAYS OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE GAME OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
If winner is a Minor, Sponsor reserves the right to award the Prize in the name of or to the winner’s parent or legal guardian.
Prize must be accepted as awarded. Prize is not transferable by winner. No prize substitutions are allowed. Any and all expenses in conjunction with prize acceptance and use are the sole responsibility of winner, including by way of example only any costs of insuring or displaying the 24-carat gold PRIME bottle.
TO THE FULLEST EXTENT ALLOWED BY APPLIABLE LAW, WINNER (IF A MINOR, THEIR PARENT/LEGAL GUARDIAN) WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL TAXES ON THE VALUE OF THE PRIZE. IF WINNER IS A U.S. RESIDENT, HE/SHE/THEY WILL BE ISSUED AN IRS FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT THEIR SOCIAL SECURITY NUMBER OR TAX IDENTIFICATION NUMBER VIA IRS FORM W9, AS REQUIRED BY LAW.
- Prize Claim Procedure: Potential winner must furnish On-Site Administrator with their e-mail address. Potential winner’s e-mail address will be used to provide them with an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law and any other documentation required by Sponsor (collectively, "Winner Documents"). The e-mail communication with the Winner Documents will be sent to the provided e-mail address on or about November 13, 2023. WINNER DOCUMENTS AS WELL AS THE PRIZE ITSELF WILL NOT BE AWARDED ON-SITE AT A LOCATION.
To claim the Prize, winner (if a Minor, their parent or legal guardian; chaperone CANNOT act on behalf of Minor in this regard) will be required to complete, sign and return Winner Documents to the address indicated thereon within three (3) business days.
If potential winner does not respond to the initial notification within three (3) business days, if e-mail communication with Winner Documents is returned as non-deliverable (including categorization as "Junk" or "SPAM" by potential winner’s e-mail service provider), if Winner Documents are not returned to Administrator within the specified time period, if potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, or if potential winner cannot or does not accept the Prize for any reason, the Prize will be forfeited and the potential winner disqualified without compensation of any kind and, in such case, Sponsor, On-Site Administrator and Administrator shall not have any liability to potential winner under any legal theory even if On-Site Administrator/Sponsor publicly announced that the potential winner won the Prize. IF THE PRIZE IS FORFEITED BY POTENTIAL WINNER, THE PRIZE MAY NOT BE AWARDED.
- Additional Limitations of Liability: Subject to Rule 10 below with respect to U.K. and European Union residents, participant (if a Minor, their parent or legal guardian) agrees to release, discharge and hold harmless Sponsor, On-Site Administrator, Administrator, Crunch Labs LLC, The ATS Team, Meta Platforms, Inc., X Corp., each of their respective advertising and promotion agencies, each of the foregoing entities’ respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Game or any Game-related activity, and/or from any acceptance, receipt, possession, use or misuse of a prize (if applicable).
Released Parties are also not responsible for:
- any defect in the functionality or operation of the device holding a facsimile of the PRIME Gold Bottle (including but not limited to the locking mechanism of same) or for any other programming, technological, electronic or other system error, failure or malfunction of any kind whether or not such defect/error/failure/malfunction was reasonably foreseeable by Sponsor/On-Site Administrator/Administrator; or
- any Game play not being properly effected for any reason whatsoever (and the liability for any such affected Game play shall be limited to another opportunity for the affected participant to play the Game if feasible as determined by On-Site Administrator in its sole discretion provided that time remains during the Promotion Period and another participant has not "unlocked" the facsimile of the PRIME Gold Bottle in the interim; and, if not feasible, time does not remain or the facsimile of the PRIME Gold Bottle has been "unlocked" by another participant in the interim, then Released Parties shall not have any liability in conjunction therewith).
In all cases, the failure of On-Site Administrator, Administrator or Sponsor to enforce any provision of these Official Rules in a given circumstance shall not have any precedential effect.
- K./EUROPEAN UNION RESIDENTS: For residents of the United Kingdom and the European Union only:
- Nothing in these Official Rules excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Official Rules would contravene any statute or cause any part of these Official Rules to be void ("Non-Excludable Guarantees") or any other liabilities which shall not be excluded under mandatory local law or public policy. Subject to the limitations in the preceding sentence, Sponsor excludes from these Official Rules all conditions, warranties and terms implied by statute, general law or custom; and
- Notwithstanding anything to the contrary, nothing in these Official Rules shall exclude or limit a party’s liability for death or personal injury resulting from that party’s negligence, for fraud or fraudulent misrepresentation or for any other matter where liability may not as a matter of law be limited.
- Force Majeure: On-Site Administrator and Sponsor reserve the right to postpone, cancel, suspend or otherwise modify the Game at either location due to inclement weather, pandemic/epidemic, fraud, unauthorized human intervention, riot, strike, civil commotion, governmental action (including revocation of any government permit or authorization), materials shortage or any other occurrence beyond their reasonable control. In such case, to the extent feasible, On-Site Administrator and Sponsor will endeavor to conduct the Game and make the Prize(s) available for the affected Location(s) in a manner determined by On-Site Administrator/Sponsor in their sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by On-Site Administrator/Sponsor will be posted at the affected location(s), to the extent feasible.
- Disputes/Choice Of Law:
For residents of the fifty (50) United States and the District of Columbia and Canada: The Game and these Official Rules shall be governed by the law of the Commonwealth of Kentucky (without regard to principles of choice of law/conflict of law) and, by participating in the Game, you (if a Minor, your parent/legal guardian) agree to the exclusive jurisdiction of the federal or state courts of the Commonwealth of Kentucky.
For residents of the United Kingdom and the European Union: The Game and these Official Rules shall be governed by the law of England (without regard to principles of choice of law/conflict of law) and, by participating in the Game, you (if a Minor, your parent/legal guardian) agree to the exclusive jurisdiction of the courts of England and Wales.
To the fullest extent permitted by law, you (if a Minor, your parent/legal guardian) agree that: (a) any and all disputes, claims, or causes of action arising out of or connected with the Game, these Official Rules or any prize awarded shall be resolved individually, without resort to any form of class action, and, to the fullest extent permitted by law, expressly waiving any right of forum non conveniens, change of venue or the like; (b) any and all claims, judgments, or awards, to the fullest extent permitted by law, shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Game, but in no event attorneys' fees; and (c) under no circumstances will you (if a Minor, and/or your parent/legal guardian) be permitted to obtain awards for, and you (if a Minor, your parent/legal guardian) hereby waive all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, as well as any right to injunctive or equitable relief, to the fullest extent permitted by law.
- Construction. 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 such provision is determined to be invalid or otherwise unenforceable by a court of competent jurisdiction, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
Personal information includes name, e-mail address, and mailing address and will be used as set out in these Official Rules including: (a) to preliminarily confirm eligibility prior to Game play, (b) to contact potential winners for verification purposes, and (c) to deliver the prize to verified winners.
- Winners List: For the names of winners (if and as applicable), send an e-mail to email@example.com, with the subject line; "PRIME Gold Bottle Instant Win Game Winners" for receipt no later than November 27, 2023 at 9:00:00 a.m. Eastern Time/1:00:00 p.m. Greenwich Mean Time.
This Game is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, X or any other social media platform.