THE #CUPSUP SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. The information you provide will only be used in the event you are determined a Sweepstakes winner.
1. SWEEPSTAKES ENTRY PERIOD: The #CupsUp Sweepstakes (“Sweepstakes”) starts 12:00 p.m. Mountain Time (“MT”) on April 13, 2023 and ends at 11:59 p.m. MT on April 15,2023 (“Sweepstakes Entry Period”). The entire duration of the Sweepstakes runs from April 13,2023 until potential winner has been notified, verified and prize has been awarded (“Entire Sweepstakes Period”).
2. ELIGIBILITY: Open only to legal United States residents, residing in Colorado, who are 18 years of age or older as of date of entry and who have their own active Twitter account (“Your Twitter Account”) with a public setting as of the date of entry and throughout the Entire Sweepstakes Period. Minors must have consent from their parent or legal guardian. Officers, directors, and employees of Ball Corporation (the “Sponsor and (“Administrator”), United Entertainment Group Holdings, LLC, Kroenke Sports and Entertainment LLC, Kroenke Arena Company, The Denver Nuggets Limited Partnership 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, Administrator 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 not eligible to participate or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws.
3. HOW TO ENTER: During the Sweepstakes Entry Period, you may enter on Twitter.com or the Twitter mobile application by tweeting a photo of yourself raising an aluminum cup using the hashtags #CupsUp and #sweepstakes and following @BallAluminumCup to receive one (1) entry into the random drawing (the “Submission”).
For each Submission that you make, you will receive one (1) entry into the Sweepstakes (each, an “Entry”). You must follow @BallAluminumCup for your Entry to be eligible. Limit one (1) Entry per person per day. Entries in excess of that limit will not be considered. You must have a public Twitter account to enter. If you do not have a Twitter account, and you would like to create one for free, visit www.twitter.com to sign up. Potential winner may be required to show proof of being the authorized account holder of the Twitter account associated with the Entry. The person uploading the Entry will be deemed the entrant (the “Entrant”). If there is a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Twitter account submitted at the time of Entry. “Authorized account holder” of a Twitter account is defined as the person who is responsible for joining Twitter and who manages the e-mail address associated with the account. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules may be disqualified as determined by Sponsor in its sole discretion. Entrants are subject to disqualification, if Sponsor or Administrator discovers that multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service will apply. Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method are ineligible and may be disqualified. Sponsor reserves the right to disqualify any individual and all entries using such methods.
4. Entry Requirements: By entering the Sweepstakes, you agree to waive any rights you may have to the Submission submitted. The Submission, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Submissions must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's or entity’s personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Submission from any source. All Submissions must be the sole, original work of the Entrants. Any Submission or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains any proprietary rights of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, as determined by Sponsor in its sole discretion, may be disqualified. Submissions should not contain any third-party materials (except for Ball Corporation-owned), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant hereby irrevocably grants to the Sponsor, and its successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Submission, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called “moral rights” they may have therein Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even it if it determined that the entrant who made the Submission is ineligible to enter the Contest. Entrant must have permission from anyone depicted in the Submission. Anyone depicted in the Submission must be 18 years of age or older unless the child/charge of Entrant.
5. RANDOM DRAWING: At the end of the Sweepstakes Entry Period, one (1) winner will be selected in a random drawing on or about April 18, 2023 from among all eligible Entries received. The random drawing will be conducted by the Administrator, whose decisions are final on all matters relating to the drawing. A potential winner will be notified by direct message from @BallAluminumCup Twitter to the Twitter account they used to enter the Sweepstakes. The “Released Parties” (as defined below) 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 winner does not respond within the time period specified in the prize notification, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected, time permitting. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected, time permitting.
6. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): There is one (1) “Prize” available, as follows: Two (2) tickets to attend the first game of the first round of the Colorado Avalanche Playoffs at Ball Arena in Denver, CO on or about April 18, 2023 (ARV: $998).
Prize is 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 featured Prize becomes unavailable. Winner is responsible for all taxes on Prize. No more than advertised number of Prizes will be awarded. The odds of winning a Prize will depend on the number of eligible Entries received.
7. GENERAL: The Administrator’s computer timestamp is the official timekeeper for purposes of this Sweepstakes. Prize will be awarded only if the potential Prize winner fully complies with these Official Rules. All portions of the Prize are non-assignable and non-transferable. All details and other restrictions of the Prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. The winner 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. Winners will receive an IRS Form 1099 for the retail value of the prize, which must be completed prior to receiving tickets. If you are the potential winner, you will be notified by direct message (“Winner Notification”) on Twitter to Your Twitter Account from which you entered and will be required to follow the instructions outlined in the direct message 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, time permitting.
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 (and any minor Entrant’s parent or legal guardian), as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor, Administrator and Related Parties, Twitter, 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 Prize. Winner assumes 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 the Prize. Acceptance of Prize constitutes permission to use winner’s name, likeness, social media handle, Entry and Submission for promotional purposes (including any possible public relations and social 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 Prize from eligible Entries received prior to the Unforeseen Event resulting in the Sweepstakes Change if sufficient eligible Entries have been received (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.
8. 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.
10. ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant (and any Minor Entrant’s parent or legal guardian) 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.
11. WINNER: For the name of the winner, available after April 30, 2023 send a stamped, self-addressed envelope by April 15, 2023, to: The #CupsUp Sweepstakes - Winner, Ball Corporation, 9200 W 108th Circle Westminster, CO, 80021
12. SPONSOR/ADMINISTRATOR: The Sponsor and Administrator of the Sweepstakes is Ball Corporation, 9200 W 108th Circle Westminster, CO, 80021.