Beaches Rules

2008 Nursery Water® "Family Trip to the Beaches®" Sweepstakes
("Official Rules")

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED.

  1. ELIGIBILITY. The 2008 Nursery Water® Family Trip to the Beaches® Sweepstakes (the “Sweepstakes”) is open to legal residents of 50 U.S. states and the District of Columbia (excluding all U.S. foreign territories and possessions, including without limitation Puerto Rico, Guam, and U.S. Virgin Islands) who are at least 18 years of age or older as of September 1, 2007. Employees of DS Waters of America, Inc. (“Sponsor”), the Sweepstakes administrator, Lighthouse, Inc., and their parents, and any of their respective officers, agents, and directors, affiliates, subsidiaries, advertising and promotion agencies, web masters and suppliers, and all other entities or individuals associated with the development, administration, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) and their immediate family and household members (whether or not related) are not eligible to participate in the Sweepstakes or win.
  2. SWEEPSTAKES PERIOD. Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on September 1, 2007 and ends at 6:00:00 p.m. ET on September 1, 2008 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period to be eligible for prizes. Sponsor’s clock is the official clock for the Sweepstakes.
  3. HOW TO PLAY. There are two ways to enter: (1) Visit (the “Website”) during the Sweepstakes Period and complete the online entry form by following all entry instructions. Limit one (1) online Sweepstakes entry per person or per e-mail address per day. (2) Mail in a 3” x 5” card with your legal name, age, telephone number, address, and e-mail address to: Nursery Water Family Trip to the Beaches Sweepstakes, P.O. Box 4550, Marietta, Georgia 30061-4550. Limit of one (1) entry per mailing envelope.
    Sweepstakes entries generated by a script, macro, or other mechanical or automated means will be disqualified. All non-conforming entries are null and void and will be rejected. Incomplete, mechanically reproduced, automated, and/or duplicate entries are not permitted and will be deemed void. Sponsor and the Sweepstakes Entities are not responsible for printing errors, non-conforming, late, lost, damaged, misdirected, incorrectly addressed, incomplete, stolen, illegible, or postage-due mail, or for inaccurate entry information, whether caused by participant or by any technical or human error that may occur in the processing of entries. Sponsors will not verify receipt of entries. All entries submitted become the sole property of the Sweepstakes Entities and will not be returned. Proof of sending will not be deemed proof of receipt. All entries must be received by the Sweepstakes Entities by 6:00 p.m. ET on September 1, 2008. All entries received thereafter will be deemed void. No letters, correspondence, or contact other than the forms of entry listed above will be considered to be properly submitted entries.
  4. ODDS. The odds of winning depend on the total number of eligible entries received by the entry deadline.
  5. PRIZES. Grand Prize: One (1) “Grand Prize Winner” will receive a trip for four people for 5 days/4 nights (two adults and two children – ages 15 years or younger) to the Grand Prize Winner’s choice of one of the following Beaches® Resorts: (1) Beaches Negril Resort & Spa in Negril, Jamaica; (2) Beaches Sandy Bay in Negril, Jamaica; (3) Beaches Boscobel Resort & Golf Club in Ocho Rios, Jamaica; or (4) Beaches Turks && Caicos Resort & Spa in Providenciales, Turks & Caicos. The Grand Prize includes: (1) round-trip coach airfare for four (5 days/4 nights) from a major airport near the Grand Prize Winner’s home, which will be determined by Sponsor in its sole discretion; (2) an all-inclusive package at the resort, which includes meals, daily and nightly entertainment, land and water sports, Sesame Street® activities (not including the Sesame Street® character breakfast and themed birthday parties), airport transfers, hotel taxes, and tips/gratuities; and (3) $750 spending money. Approximate retail value (“ARV”) of the Grand Prize is $7,000; however, actual value may vary based on airfare fluctuations and distance between departure and destination. Guests of the Grand Prize Winner must travel with the Grand Prize Winner on the same itinerary and shall be required (or, if a minor, his/her parent/legal guardian shall be required) to sign and return a travel companion release and release of liability/publicity prior to issuance of travel documents (Tennessee residents need not complete publicity release). Minors traveling with the Grand Prize Winner must be accompanied at all times by their parent or legal guardian. Travel arrangements shall be through Sponsor’s agent, on a carrier of Sponsors’ choice. Certain restrictions/blackout dates may apply, and travel is subject to applicable provider’s terms and conditions and space and departure availability. Hotel accommodations are subject to space availability and occupancy levels. Trip may not be combined with any other offer, and travel may not qualify for frequent flyer/traveler miles and/or credit. Reservations will not be confirmed until thirty (30) days prior to travel date. All travel must be completed by September 1, 2009, or the Grand Prize Winner forfeits the Grand Prize. Grand Prize Winner is responsible for paying all costs and expenses related to the Grand Prize that are not specifically mentioned herein as being part of the Grand Prize including, but not limited to, telephone calls, spa, tours, themed birthday parties, inter-island transportation, island departure taxes (approximately $27.00 per person), and purchases. All applicable federal, state, and local taxes (including income and withholding taxes), duties, or other taxes or fees not specified herein as being awarded are the sole responsibility of the Grand Prize Winner. Sponsor will choose manner and point of delivery for any items that need to be delivered as part of the Grand Prize.
    First Prize: Ten (10) “First Prize Winners” will each receive a set of five titles from the “Elmo’s World” DVD Series (ARV: $65 each set).
    Second Prize: Twenty-Four (24) “Second Prize Winners” will each receive one Sesame Street Singing Pizza Elmo Toy (ARV: $29.99 each).
  6. SELECTION OF WINNERS. Winners will be randomly selected from all eligible entries on or about October 15, 2008. Winners do not have to be present at the prize drawing to win. No transfer, substitution, or cash equivalent for prizes except at Sponsor’s sole discretion due to prize unavailability, and then only for a prize of equal or greater value. Any expenses, including taxes or registration associated with any prize are the sole responsibility of each winner. If fewer eligible entries are received than the number of prizes, not all prizes will be awarded. Limit one Grand Prize, First Prize or Second Prize per person and per household.
  7. HOW TO CLAIM PRIZES. Sponsor will reasonably attempt to notify each winner of his/her winning status via the address provided in the entry process. The return of any prize notification as undeliverable may result in disqualification, and an alternate winner will be selected. If a winner does not respond to the contact attempt within ten (10) business days, or if the winner declines the prize, Sponsor will select another Winner, at and in a manner to be determined in Sponsor’s sole discretion. To accept a prize, each winner must complete, sign, and return an Affidavit of Eligibility (“Affidavit”) and, where lawful, Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”) within ten (10) days of receipt. If the indicated forms are not signed and returned by the time indicated on the documents, or if a winner does not meet the eligibility criteria, or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted within ten (10) days, that winner will be disqualified and will not receive any prize, and an alternate winner may be selected at and in a manner to be determined in Sponsor’s sole discretion.
  8. PUBLICITY. Unless prohibited by law, participation in the Sweepstakes and/or acceptance of a prize constitute each entrant’s consent for the Sweepstakes Entities and their designees to use participant’s, winner’s, and winner’s companion’s name, photograph, videotape, likeness, biographical information, voices, addresses (city and state), and/or statement on a worldwide basis in any manner and in any medium now known or later developed for purposes of advertising and trade without additional compensation, authorization, or remuneration, except where prohibited by law. The Sweepstakes Entities reserve the right to any video, audio, photographic, or print material involving the winners for purposes of advertising and trade without additional compensation, authorization, or remuneration, except where prohibited by law.
  9. PRIVACY. Sponsor will collect personal data from entrants when they enter the Sweepstakes, and this information will be used for the purposes of administering the Sweepstakes, publicizing the Sweepstakes, and other promotional purposes that benefit the Sweepstakes Entities. By participating, entrants may automatically be added to the Sponsor’s e-mail and direct mail distribution list. For information on how to opt-out of the Sponsor’s e-mail distribution list, see the Privacy Policy on the Website. To opt-out of the Sponsor’s direct mail list, see the “Removal from Mailing List” section below. Opting-out from the e-mail and/or direct mail distribution list will not affect an entrant’s chance of winning. Information disclosed upon registering for this Sweepstakes will be subject to the Privacy Policy set forth on the Sponsor’s Website.
  10. REMOVAL FROM MAILING LIST. To have your name and address removed from Sponsor’s mailing list, call, 1-800-682-0246 (toll free) and request to be removed from the customer database. Entrant’s name and address will be removed from the Sponsor’s mailing list within sixty (60) days after receipt of request, after which time no further mailings will be sent to that entrant.
  11. GENERAL CONDITIONS. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions or interpretation of Sweepstakes Entities regarding the Official Rules, which are final and legally binding in all respects. In the event that a prize cannot be awarded for any reason or a Winner is not capable of redeeming a prize for any reason, Sponsor shall not be obligated to award any prize, and Sponsor reserve the right, in its sole discretion, whether or not to substitute prize (or portion of prize) with a prize of comparable or greater value or cash value. If, for any reason, more than the stated number of prizes are available and/or claimed, Sponsor reserves the right to award the prizes in such category by random drawing from among eligible prize claimants in such prize category or in a manner to be determined by Sponsor in its sole discretion. Non-compliance with these Official Rules may result in disqualification. An individual is not a Winner until he/she has fully complied with these Official Rules. No transfer, assignment, cash redemption, or substitution of a prize is permitted. Prizes are not exchangeable for cash, merchandise, or services.
  12. GENERAL RELEASE AND WAIVER OF CLAIMS. By entering this Sweepstakes and/or accepting a prize, each entrant (for himself or herself and his/her heirs) hereby release Sponsor, the Sweepstakes Entities, and all of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, governors, employees, shareholders, and agents (collectively, the “Releasees”) from: (i) any and all liability, loss, harm, damage, cost, expense, or claims, including third party claims based on publicity and/or privacy rights, defamation, and intellectual property associated with the entrant or winner’s participation in this Sweepstakes, redemption of any prize in connection with this Sweepstakes, and/or use or misuse of any prize in connection with this Sweepstakes, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) anything related to the production, promotion, or execution of this Sweepstakes (or participation therein), including preemption, cancellation, or rescheduling; and (iii) anything that may occur in connection with acceptance and/or use of the prizes or while participating in the Sweepstakes, even if caused or contributed to by the negligence of Releasees.
  13. LIMITATIONS OF LIABILITY. Releasees are not responsible for invalid entries or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, telephone, or other connections, availability, or accessibility, or miscommunications, or failed computer, satellite, telephone, or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic, or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Releassees nor their parents, affiliates, subsidiaries, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, and agents are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction, or unauthorized access to, or tampering with or hacking of the Website. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Website, to be acting in violation of the terms of the Website, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse, or harass any other person. Sponsor is not responsible for injury or damage to participants’ or any other person’s computer related to or resulting from participating in this Sweepstakes or downloading or copying materials from or use of Website. If, for any reason, the Sweepstakes does not achieve the intended results desired by the Sponsor, or in the sole opinion of the Sponsor, is not capable of running as planned, including, without limitation, by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and determine winners from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND USE OF THE SWEEPSTAKES INTERNET WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
  14. MISCELLANEOUS. Each entry is subject to verification by Sponsor. Entrants waive any right to claim ambiguity in these Official Rules. This Sweepstakes will be administered in the State of Georgia, and by participating, all entrants agree that the laws of the State of Georgia will apply exclusively to this Sweepstakes and that any dispute with respect to this Sweepstakes will be resolved in either the federal or state courts located in the State of Georgia.

    Any Sweepstakes materials including, without limitation, the offer, these Official Rules, advertising and promotional materials, and announcement of winners containing production, printing, or typographical errors or obtained outside authorized, legitimate channels are automatically void; and the liability of Sweepstakes Entities, if any, is limited to the replacement of such materials, and each entrant (for himself or herself and his/her heirs), by participating, releases the Sweepstakes Entities, their parents, subsidiaries, advertising and promotion agencies, the judging organization, and their respective officers, directors, employees, and agents from any and all losses, claims, or damages that may result therefrom.
  15. DISCLOSURE OF WINNERS. For a disclosure of winners or an additional copy of these Official Rules, send a self-addressed, stamped envelope for receipt by July 1, 2009 to: Nursery Water Family Trip to the Beaches Sweepstakes, P.O. Box 4550, Marietta, Georgia 30061-4550. Please specify “Winners” List” or “Rules.”
  16. SPONSOR. DS Waters of America, Inc. 5660 New Northside Drive, Suite 500, Atlanta, Georgia 30328.