THE BALL HQ RECYCLE SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. SWEEPSTAKES ENTRY PERIOD: The Ball HQ Recycle Sweepstakes (“Sweepstakes”) starts 12:00 a.m. Eastern Time (“ET”) on April 24, 2023 and ends at 11:59 p.m. ET on December 31, 2023 (“Sweepstakes Entry Period”).
2. ELIGIBILITY: Open only to officers, directors, and employees of Ball Corporation (the “Sponsor”),and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (all such individuals and entities collectively referred to herein as the “Sponsor and Related Parties”) and their immediate family members (defined as parents, siblings, spouses and children; whether biological, adopted, step or in-law) and/or those living in the same household (whether related or not) of each are eligible to participate or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws. Must be a legal resident of the 50 United States and the District of Columbia, who are at least the age of majority in their state of residence as of date of entry.
3. HOW TO ENTER: There is NO PURCHASE NECESSARY to participate in the Sweepstakes. A purchase does not increase your chances of winning. During the Sweepstakes Entry Period, you may enter if you are in attendance at Ball Corporate Headquarters (9200 W.108th Circle, Westminster,CO 80021) and Packaging Office Center (9300 W. 108th Circle Westminster,CO 80021) by recycling an aluminum product at a Ball reverse vending machine and scanning the Sweepstakes Quick Response (“QR”) code found onscreen at the vending machine to be directed to a Sponsor-selected website to complete the online entry form as prompted to receive one (1) entry (the “Entry”) into the corresponding monthly random drawing, as described below. You must have a data service plan for your smartphone with your wireless service provider participate via a QR code. Standard message and data rates may apply.
Online Entries will be collectively referred to as “Entries.” For the purposes of this Sweepstakes, a “month” is defined as 12:00 a.m. ET on the first day of each month and 11:59 p.m. ET on the last day of each month. For purposes of the Sweepstakes and these Official Rules, the person submitting the Entry is considered the “Entrant”. Limit one (1) Entry per Entrant per month, regardless of method of Entry. Normal data/Internet access and usage charges imposed by Entrants’ online/phone service will apply.
4. RANDOM DRAWINGS: At the end of each month, two (2) winners will be selected in separate random drawings on. The random drawings will be conducted by a Sponsor-selected agency, whose decisions are final on all matters relating to the drawings.
5. PRIZE: There are twenty-four (24) “Prizes” available [two (2) per month], as follows: A Sponsor-selected prize. Prize terms and conditions apply.
Prizes are non-transferable and no cash redemptions substitutions are allowed except by the Sponsor, who reserves the right to award a Prize of equal or greater value if any Prize becomes unavailable. Winners are responsible for all taxes on Prize. No more than advertised number of Prizes will be awarded. The odds of winning a prize depend on the total number of eligible Entries postmarked/received during the corresponding month.
6. GENERAL: Prizes will be awarded only if the potential Prize winners fully comply with these Official Rules. All portions of the Prize are non-assignable and non-transferable. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. The winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable Prize. If you are a potential winner, you may be notified via email to confirm your mailing address/eligibility and will be required to follow the instructions outlined in the email within twenty-four (24) hours of notification attempt to arrange for Prize fulfillment or Prize will be forfeited and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
All Entrants, as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor and Related Parties, and each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of any Prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the Prizes. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Sweepstakes or use or misuse or redemption of any Prize. Acceptance of Prize constitutes permission to use winners’ names, likenesses, and Entries or promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates these Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Sweepstakes. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes (each a “Sweepstakes Change”) if no Entries are received or if the Sweepstakes cannot be completed as planned for any reason, including but not limited to an unforeseen event (“Unforeseen Event”) such as infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort, or force majeure event (including without limitation epidemic, pandemic, communicable, contagious, or infectious disease or public health quarantine that impacts the anticipated participation in the Sweepstakes). In such event, Sponsor may (a) cancel the Sweepstakes entirely, (b) award the Prizes from eligible Entries received for each month prior to the Unforeseen Event resulting in the Sweepstakes Change if sufficient eligible Entries have been received each month (as determined in Sponsor’s sole discretion), or (c) extend the Sweepstakes Entry Period to allow time for more eligible Entries to be received. It is understood that an Unforeseen Event must take place for the Sweepstakes Change to be effectuated by Sponsor and that such Sweepstakes Change is not simply at Sponsor’s option for any reason.
7. GOVERNING LAW, JURISDICTION AND VENUE: SPONSOR IS REGISTERED UNDER THE LAWS OF THE UNITED STATES WITH HEADQUARTERS IN COLORADO. THE COLORADO COURTS (STATE & FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF COLORADO SHALL GOVERN THE SAME. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND HEREBY IRREVOCABLY SUBMITS TO THE VENUE OF THOSE COURTS WITHIN COLORADO.
9. ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, and/or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Colorado; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Activation; (v) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
10. WINNERS: For the names of the winners, available after January 15, 2024, send a stamped, self-addressed envelope by January 31, 2024, to: The Ball HQ Recycle Sweepstakes - Winners, 100 Marcus Drive (Dept. DE), Melville, NY 11747.
11. SPONSOR: The Sponsor of the Sweepstakes is Ball Corporation, 9200 W 108th Circle Westminster, CO, 80021.