Terms of Service

THIS WEBSITE IS OPERATED BY BEATBOX BEVERAGES . THROUGHOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO BEATBOX BEVERAGES . BEATBOX BEVERAGES  OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE.

BY VISITING OUR SITE AND/ OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. THESE TERMS OF SERVICE APPLY  TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/ OR CONTRIBUTORS OF CONTENT.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.

ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT STORE SHALL ALSO BE SUBJECT TO THE TERMS OF SERVICE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

OUR STORE IS HOSTED ON SHOPIFY INC. THEY PROVIDE US WITH THE ONLINE E-COMMERCE PLATFORM THAT ALLOWS US TO SELL OUR PRODUCTS AND SERVICES TO YOU.

 

SECTION 1 - ONLINE STORE TERMS 

BY AGREEING TO THESE TERMS OF SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE, OR THAT YOU ARE THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENT TO USE THIS SITE.

YOU MAY NOT USE OUR PRODUCTS FOR ANY ILLEGAL OR UNAUTHORISED PURPOSE NOR MAY YOU, IN THE USE OF THE SERVICE, VIOLATE ANY LAWS IN YOUR JURISDICTION (INCLUDING BUT NOT LIMITED TO COPYRIGHT LAWS).

YOU MUST NOT TRANSMIT ANY WORMS OR VIRUSES OR ANY CODE OF A DESTRUCTIVE NATURE.

A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR SERVICES.

 

SECTION 2 - GENERAL CONDITIONS

WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.

YOU UNDERSTAND THAT YOUR CONTENT (NOT INCLUDING CREDIT CARD INFORMATION), MAY BE TRANSFERRED ENCRYPTED AND INVOLVE (A) TRANSMISSIONS OVER VARIOUS NETWORKS; AND (B) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. CREDIT CARD INFORMATION IS ALWAYS ENCRYPTED DURING TRANSFER OVER NETWORKS.

YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE OR ANY CONTACT ON THE WEBSITE THROUGH WHICH THE SERVICE IS PROVIDED, WITHOUT EXPRESS WRITTEN PERMISSION BY US.

THE HEADINGS USED IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY AND WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK.

THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS SITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR SITE.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

PRICES FOR OUR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

WE RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME.

WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.

 

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE) 

CERTAIN PRODUCTS OR SERVICES MAY BE AVAILABLE EXCLUSIVELY ONLINE THROUGH THE WEBSITE. THESE PRODUCTS OR SERVICES MAY HAVE LIMITED QUANTITIES AND ARE SUBJECT TO RETURN OR EXCHANGE ONLY ACCORDING TO OUR RETURN POLICY.

WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS AND IMAGES OF OUR PRODUCTS THAT APPEAR AT THE STORE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR'S DISPLAY OF ANY COLOR WILL BE ACCURATE.

WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO LIMIT THE SALES OF OUR PRODUCTS OR SERVICES TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION. WE MAY EXERCISE THIS RIGHT ON A CASE-BY-CASE BASIS. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCTS OR SERVICES THAT WE OFFER. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE, AT THE SOLE DISCRETION OF US. WE RESERVE THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THIS SITE IS VOID WHERE PROHIBITED.

WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

WE RESERVE THE RIGHT TO REFUSE ANY ORDER YOU PLACE WITH US. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD OR PER ORDER. THESE RESTRICTIONS MAY INCLUDE ORDERS PLACED BY OR UNDER THE SAME CUSTOMER ACCOUNT, THE SAME CREDIT CARD, AND/OR ORDERS THAT USE THE SAME BILLING AND/OR SHIPPING ADDRESS. IN THE EVENT THAT WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE MAY ATTEMPT TO NOTIFY YOU BY CONTACTING THE E-MAIL AND/OR BILLING ADDRESS/PHONE NUMBER PROVIDED AT THE TIME THE ORDER WAS MADE. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY DEALERS, RESELLERS OR DISTRIBUTORS.

YOU AGREE TO PROVIDE CURRENT, COMPLETE AND ACCURATE PURCHASE AND ACCOUNT INFORMATION FOR ALL PURCHASES MADE AT OUR STORE. YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT AND OTHER INFORMATION, INCLUDING YOUR EMAIL ADDRESS AND CREDIT CARD NUMBERS AND EXPIRATION DATES, SO THAT WE CAN COMPLETE YOUR TRANSACTIONS AND CONTACT YOU AS NEEDED.

FOR MORE DETAIL, PLEASE REVIEW OUR RETURNS POLICY.

 

SECTION 7 - OPTIONAL TOOLS

WE MAY PROVIDE YOU WITH ACCESS TO THIRD-PARTY TOOLS OVER WHICH WE NEITHER MONITOR NOR HAVE ANY CONTROL NOR INPUT.

YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH TOOLS ”AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF OPTIONAL THIRD-PARTY TOOLS.

ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S).

WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND/OR FEATURES THROUGH THE WEBSITE (INCLUDING, THE RELEASE OF NEW TOOLS AND RESOURCES). SUCH NEW FEATURES AND/OR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

 

SECTION 8 - THIRD-PARTY LINKS

CERTAIN CONTENT, PRODUCTS AND SERVICES AVAILABLE VIA OUR SERVICE MAY INCLUDE MATERIALS FROM THIRD-PARTIES.

THIRD-PARTY LINKS ON THIS SITE MAY DIRECT YOU TO THIRD-PARTY WEBSITES THAT ARE NOT AFFILIATED WITH US. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND WE DO NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD-PARTIES.

WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY'S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

IF, AT OUR REQUEST, YOU SEND CERTAIN SPECIFIC SUBMISSIONS (FOR EXAMPLE CONTEST ENTRIES) OR WITHOUT A REQUEST FROM US YOU SEND CREATIVE IDEAS, SUGGESTIONS, PROPOSALS, PLANS, OR OTHER MATERIALS, WHETHER ONLINE, BY EMAIL, BY POSTAL MAIL, OR OTHERWISE (COLLECTIVELY, 'COMMENTS'), YOU AGREE THAT WE MAY, AT ANY TIME, WITHOUT RESTRICTION, EDIT, COPY, PUBLISH, DISTRIBUTE, TRANSLATE AND OTHERWISE USE IN ANY MEDIUM ANY COMMENTS THAT YOU FORWARD TO US. WE ARE AND SHALL BE UNDER NO OBLIGATION (1) TO MAINTAIN ANY COMMENTS IN CONFIDENCE; (2) TO PAY COMPENSATION FOR ANY COMMENTS; OR (3) TO RESPOND TO ANY COMMENTS.

WE MAY, BUT HAVE NO OBLIGATION TO, MONITOR, EDIT OR REMOVE CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION ARE UNLAWFUL, OFFENSIVE, THREATENING, LIBELOUS, DEFAMATORY, PORNOGRAPHIC, OBSCENE OR OTHERWISE OBJECTIONABLE OR VIOLATES ANY PARTY’S INTELLECTUAL PROPERTY OR THESE TERMS OF SERVICE.

YOU AGREE THAT YOUR COMMENTS WILL NOT VIOLATE ANY RIGHT OF ANY THIRD-PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, PERSONALITY OR OTHER PERSONAL OR PROPRIETARY RIGHT. YOU FURTHER AGREE THAT YOUR COMMENTS WILL NOT CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL, OR CONTAIN ANY COMPUTER VIRUS OR OTHER MALWARE THAT COULD IN ANY WAY AFFECT THE OPERATION OF THE SERVICE OR ANY RELATED WEBSITE. YOU MAY NOT USE A FALSE E-MAIL ADDRESS, PRETEND TO BE SOMEONE OTHER THAN YOURSELF, OR OTHERWISE MISLEAD US OR THIRD-PARTIES AS TO THE ORIGIN OF ANY COMMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMENTS YOU MAKE AND THEIR ACCURACY. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY COMMENTS POSTED BY YOU OR ANY THIRD-PARTY.

 

SECTION 10 - PERSONAL INFORMATION 

YOUR SUBMISSION OF PERSONAL INFORMATION THROUGH THE STORE IS GOVERNED BY OUR PRIVACY POLICY. TO VIEW OUR PRIVACY POLICY.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

OCCASIONALLY THERE MAY BE INFORMATION ON OUR SITE OR IN THE SERVICE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICE OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.

 

SECTION 12 - PROHIBITED USES

IN ADDITION TO OTHER PROHIBITIONS AS SET FORTH IN THE TERMS OF SERVICE, YOU ARE PROHIBITED FROM USING THE SITE OR ITS CONTENT: (A) FOR ANY UNLAWFUL PURPOSE; (B) TO SOLICIT OTHERS TO PERFORM OR PARTICIPATE IN ANY UNLAWFUL ACTS; (C) TO VIOLATE ANY INTERNATIONAL, FEDERAL, PROVINCIAL OR STATE REGULATIONS, RULES, LAWS, OR LOCAL ORDINANCES; (D) TO INFRINGE UPON OR VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS; (E) TO HARASS, ABUSE, INSULT, HARM, DEFAME, SLANDER, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED ON GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR DISABILITY; (F) TO SUBMIT FALSE OR MISLEADING INFORMATION; (G) TO UPLOAD OR TRANSMIT VIRUSES OR ANY OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICE OR OF ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET; (H) TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS; (I) TO SPAM, PHISH, PHARM, PRETEXT, SPIDER, CRAWL, OR SCRAPE; (J) FOR ANY OBSCENE OR IMMORAL PURPOSE; OR (K) TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF THE SERVICE OR ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE PROHIBITED USES.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL BEATBOX BEVERAGES , OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENCORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

SECTION 14 - INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BEATBOX BEVERAGES  AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

 

SECTION 15 - SEVER ABILITY

IN THE EVENT THAT ANY PROVISION OF THESE TERMS OF SERVICE IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS OF SERVICE, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCE-ABILITY OF ANY OTHER REMAINING PROVISIONS.

 

SECTION 16 - TERMINATION 

THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ALL PURPOSES.

THESE TERMS OF SERVICE ARE EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR US. YOU MAY TERMINATE THESE TERMS OF SERVICE AT ANY TIME BY NOTIFYING US THAT YOU NO LONGER WISH TO USE OUR SERVICES, OR WHEN YOU CEASE USING OUR SITE.

IF IN OUR SOLE JUDGEMENT YOU FAIL, OR WE SUSPECT THAT YOU HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THESE TERMS OF SERVICE, WE ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE AND YOU WILL REMAIN LIABLE FOR ALL AMOUNTS DUE UP TO AND INCLUDING THE DATE OF TERMINATION; AND/OR ACCORDINGLY MAY DENY YOU ACCESS TO OUR SERVICES (OR ANY PART THEREOF).

 

SECTION 17 - ENTIRE AGREEMENT 

THE FAILURE OF US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

THESE TERMS OF SERVICE AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THIS SITE OR IN RESPECT TO THE SERVICE CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND US AND GOVERN YOUR USE OF THE SERVICE, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS OF SERVICE).

ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OF SERVICE SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.

 

SECTION 18 - GOVERNING LAW

THESE TERMS OF SERVICE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF 3340 SIMMS ST HOLLYWOOD FLORIDA US 33021.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME AT THIS PAGE.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE OR THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS OF SERVICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

 

SECTION 20 - CONTACT INFORMATION 

QUESTIONS ABOUT THE TERMS OF SERVICE SHOULD BE SENT TO US AT BEATBOXSOCIALMEDIA@GMAIL.COM

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Beatbox Beverages is offering a mobile messaging program, which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

  1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
  2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that BeatBox Beverages and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
  4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@beatboxbeverages.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
  8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
  10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
  11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Rancho Cucamonga, California before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which BeatBox Beverages’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
  12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
  13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

SECTION 21 - FESTIVAL GIVEAWAY INFORMATION 

 

SECTION 22 - BEATBOX DIGITAL SCRATCHER SWEEPSTAKES

 Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN

A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING

 

AGREEMENT TO OFFICIAL RULES:  PARTICIPATION IN THE BEATBOX DIGITAL SCRATCHER SWEEPSTAKES (THE “SWEEPSTAKES”) CONSTITUTES ENTRANT’S AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES WHICH SHALL GOVERN ALL ASPECTS OF THE SWEEPSTAKES AND THE DECISIONS OF THE SPONSOR, WHICH ARE FINAL AND BINDING.  ENTRANTS AND WINNERS MUST COMPLY WITH ALL REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES.

 

SPONSOR:  The Sponsor of this Sweepstakes is Future Proof Brands LLC d/b/a BeatBox Beverages, 1023 Springdale Rd Ste 14E, Austin, TX 78721. 

 

ENTRY PERIOD: SWEEPSTAKES BEGINS AT 12:00:00 AM EASTERN TIME (“ET”) ON JANUARY 1, 2024 AND ENDS AT 11:59:59 PM ET ON APRIL 30, 2024 (THE “ENTRY PERIOD”).

 

ELIGIBILITY: This Sweepstakes is only open to legal residents of the United States (excluding Florida and New York, but including the District of Columbia) age 21 or older. Void where prohibited by law. Employees of Sponsor and its parent companies, affiliates, subsidiaries, agents, advertising and promotions agencies, suppliers, distributors or retailers and any other individual or company involved in the development or execution of the Sweepstakes (“Sweepstakes Parties”), and their immediate families and household members, whether or not related, are not eligible to enter or win. For purposes of the Sweepstakes, “immediate families” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, and “household members” shall mean those people who share the same residence at least three months a year. No groups, clubs or organizations may participate in this Sweepstakes or reproduce or distribute any portion of these Official Rules to its members. THE SWEEPSTAKES AND ANY ADVERTISEMENTS RELATING THERETO ARE ONLY INTENDED FOR RESIDENTS OF THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA) BUT EXCLUDING RESIDENTS OF FLORIDA AND NEW YORK.  By participating in the Sweepstakes, you represent and warrant that you meet the eligibility requirements and acknowledge that failure to meet all eligibility requirements will disqualify you from participating in the Sweepstakes and winning any prize.  

 

HOW TO ENTER:

  1. Look for the Sweepstakes QR code at retail locations where BeatBox Beverages’ products are sold, and in social media and print advertisements for Beatbox Beverage products, accompanied by the tagline “Making It Rain Cash & Prizes.” 
  2. Scan the QR code with a mobile device.  Scanning the code will display a URL that must be clicked to open the Sweepstakes entry page (“Entry Page”).
  3. On the Entry Page you must click on a box confirming your eligibility, provide a mobile telephone number, and agree to receive a one-time text message with a unique code (“Entry Code”) to be used to enter the Sweepstakes, and Sponsor marketing text messages.  
  4. Upon entering your phone number and clicking submit, a text message containing the Entry Code will be sent to the provided phone number. Only one Entry Code per phone number will be provided. 
  5. Enter the Entry Code on the Entry Page to submit your entry. 

 

EACH PERSON SATISFYING THE ABOVE REQUIREMENTS AND THESE OFFICIAL RULES SHALL BE CONSIDERED AN “ENTRANT.”  ONLY 1 ENTRY PER ENTRANT FOR THE ENTIRE ENTRY PERIOD. Entries attempted through the use of robotic, repetitive, automatic, programmed, or similar methods will be void.  Sponsor is not responsible for entries that are late, lost, incomplete, misdirected, illegible, stolen, garbled, undelivered, delayed, postage due or any combination thereof.  In the event of a dispute as to the ownership of any Entry, the authorized account holder of the phone number provided on the Entry Page will be deemed to be the Entrant. Each winner may be required to show proof of being the authorized account holder. No purchase necessary to enter or win.  Message and Data Rates May Apply.  By providing your mobile phone number you agree to receive a one-time text message to the phone number for the purpose of entering the Sweepstakes and other messages in connection with the administration of the Sweepstakes, and Sponsor marketing text messages.  

 

WINNER SELECTION:  Prior to the beginning of the Sweepstakes, Sponsor will create Twenty-Thousand (20,000) Entry Codes.  Only Five Hundred Twenty Size (505) of the Entry Codes will be randomly pre-selected as “Winning Codes.” Upon entering using the instructions above, each Entrant will be sent an Entry Code, which may or may not be a Winning Code.  Only Entrants receiving a Winning Code will be considered a “Winner,” subject to eligibility verification.  THERE IS NO GUARANTEE AN ENTRANT WILL RECEIVE A WINNING CODE.  At the end of the Entry Period, all Winning Codes that are not issued will be void. 

 

WINNER NOTIFICATION:  Entrants who receive and enter a Winning Codes on the Entry Page will be immediately notified of their Winner status with instructions on how to claim their prize by a specified date.  Upon claiming a prize, Winners will be sent an email from Sponsor with instructions on how they will receive their prize.  Entrants are solely responsible for ensuring the email address provided to Sponsor is accurate and Entrant is able to receive emails to that address.  Sponsor shall not be responsible for any mis-typed or bounce-back email notifications.  Unredeemed prizes will not be awarded.  Winners may be required to complete, sign and return an Affidavit of Eligibility and Liability and Publicity Release which must be signed and returned by the Winner by the deadline specified on notification. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (i) winner’s failure to complete any required paperwork needed to verify his/her eligibility within the time allocated on notification; (ii) winner’s failure to validly claim the prize by deadline date and time; (iii) winner cannot accept or receive the prize for any reason; and/or (iv) any other non-compliance with the Official Rules. Each prize will be awarded upon winner verification. Except where prohibited by law, participating in the Sweepstakes and acceptance of a prize constitute permission for Sponsor and its agents to use each winner’s name, prize won, hometown, likeness, video, photographs, and statements for purposes of advertising, promotion and publicity (including online posting and production services) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

 

PRIZES:  Total value of all prizes: $110,980. Limit: One (1) prize per household. No substitution or transfer of any prize (or any portion of prize) by winner to a third party is permitted. All federal, state, local taxes or other expenses relating to the use, acceptance and possession of any prize are the sole responsibility of each winner (as applicable).  An IRS Form 1099 will be filed in the name of winners winning a prize valued at or more than $600.  


ODDS: Odds of receiving a Winning Code is 1:40. 

 

RELEASES: Entrants agree to the Official Rules and the decisions of Sponsor, and to release, defend and hold harmless the Sweepstakes Parties as well as the employees, officers, directors and agents of each (collectively, the “Released Parties”), from all claims and all liability, or actions of any kind whatsoever for injuries, damages or losses of any kind to persons (including death) and property which may be sustained in connection with either directly or indirectly: 1) the awarding, receipt, ownership, use or misuse of a prize awarded herein; or 2) participation in the Sweepstakes.  Sponsor is not responsible and shall have no liability if Sweepstakes cannot be conducted as contemplated in these Official Rules due to cancellation, delays or interruptions due to acts of God, pandemic, virus, acts of war, natural disasters, weather or acts of terrorism or any other event or situation that in any way affects Sponsor’s ability to conduct the Sweepstakes. In such case Sponsor may, in its sole discretion, suspend or cancel the Sweepstakes.  Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prizes. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes.

 

GENERAL: By entering the Sweepstakes, each Entrant affirms that they have read, understand and accepted the Official Rules.  Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, the Sponsor reserves the right not to award any prize. Sponsor is not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Sweepstakes materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Sweepstakes related information (including entries) by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. Sponsor is also not responsible for any injury or damage to an entrant’s or any other person’s computer related to or resulting from entering and/or downloading any materials in connection with the Sweepstakes. Sponsor, in its sole discretion, reserves the right to disqualify any Entrant who engages in any conduct Sponsor deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes. Such improper conduct includes, but is not limited to, falsifying personal information required during Sweepstakes registration or prize claim, violating these Official Rules, accumulating entries through illegal methods or unfair tactics. CAUTION: Any attempt by any entrant to undermine the legitimate operations of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law.   

 

DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Texas, United States of America.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Texas 

 

WINNERS LIST: For names of the winners, send a self-addressed, stamped envelope to Sponsor at the address above no later than 90 days following the end of the Entry Period.

 

PRIVACY:  All information submitted by entrants in the Sweepstakes will be treated according to the Sponsor’s Privacy Policy, available HERE 

 

If promoted on social media, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram or any other social media other than that of Sponsor.  Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Facebook, Twitter or Instagram.

 

PRIZES:  

$5,000 value Cash prize – 1 winner

$3,200 value Four Tickets to NCAA Basketball Final 4 – 1 winner

$3,000 value VIP Festival for two  - 4 winners

$2,400 value VIP concert experience at AA center for two – 2 winners

$2,400 value VIP experience at Mavs Game for two – 2 winners

$2, 400 value VIP experience at Stars Game for two – 2 winners

$400 value BeatBox Paddle Boards – 40 winners

$110 value BeatBox Floating Bar – 40 winners

$200 value Bassmaker speaker- 50 winners

$1300 value Apple Macbook – 10 winners

$500 value Apple Headphones – 10 winners

$100 value Branded Coolers – 10 winners

$60 value Inflatable– 83 winners

$140 value Sling back chairs 50 winners

$100 value BeatBox Merch code – 100 winners

$50 value Different types of swag packs – 100 winners 

 

BEATBOX BEVERAGES® WASHINGTON DC MUSIC FESTIVAL SWEEPSTAKES 

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER FOR A CHANCE TO WIN.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  THE SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 US STATES AND THE DISTRICT OF COLUMBIA ("D.C."). ONLY AND WILL BE GOVERNED BY UNITED STATES LAW.  VOID WHERE PROHIBITED.  

 

  1. ELIGIBILITY: 

 

The BeatBox Beverages® Washington DC Music Festival Sweepstakes (“Sweepstakes”) is open to legal U.S. residents of the 50 US States and The District of Columbia (“D.C.”) and are twenty-one (21) years of age or older at the time of entry.  Employees, contractors, directors, officers and agents of The BeatBox Beverage Company, BeatBox Beverages, LLC (collectively “Sponsor”), its affiliates and subsidiaries, advertising and promotion agencies, wholesale distributors, retail licensees, and all other service agencies involved with the Sweepstakes, and members of their immediate family (spouse, parent, child and sibling), are not eligible to enter or win.  The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.  

 

  1. SWEEPSTAKES PERIOD:  

 

Sweepstakes begins at 12:00:00 a.m.  Eastern Time (“ET”) on April 17, 2024 and ends at 11:59:59 p.m. ET on April 18, 2024 (“Sweepstakes Period”).  Administrator’s computer is the official time keeping device for this Sweepstakes.

 

  1. TWO (2) WAYS TO ENTER: 

 

(a) Internet: Visit https://beatboxbeverages.com/pages/terms-of-service (“Website”) and follow the online instructions to complete and submit an online entry.  

 

Automated entries are prohibited and any use of automated devices will cause disqualification. Entrants may not enter with multiple email addresses, nor use any other device or artifice, to enter multiple times or as multiple entrants.  Any entrant who attempts to enter with multiple email addresses under multiple identities, or uses any device or artifice to register multiple times, will be disqualified and forfeits all prizes won, in Sponsor’s sole discretion.  Multiple entrants are not permitted to share the same email address.  Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered an entrant, and must comply with these Official Rules.  The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses.  Potential winner may be required to show proof of being the authorized account subscriber.  

 

(b) QR Code:  Use your smart phone or other web-enabled device with data plan to scan the Sweepstakes quick response (“QR”) code featured on signs or promotional materials at participating stores with the QR read application already installed on your phone.  You will be directed to a mobile Web page at https://beatboxbeverages.com/pages/terms-of-service where you may complete and submit an entry (also an “Entry”).  Proof of scanning QR codes does not constitute proof of completion or submission of an Entry.  

 

To scan a QR code, participants must have a smart phone or other web-enabled device with a camera feature and/or QR scanner application and may incur message or data charges from their wireless service provider for each message sent and received.  If you do not have a QR reader already installed on your phone, type ‘QR reader’ in your mobile device’s application store search field to find available QR readers for your smart phone or other web-enabled device.  You will receive a response which will contain a link to download a QR reader for your specific device. Check with your wireless service provider for details on these and other applicable charges.  Participants are solely responsible for any such wireless charges. Not all wireless carriers participate.

 

For all Entries: All Entries must be received and recorded during the Sweepstakes Period.  No other forms of Entry are valid.  Limit one (1) Entry per person. 

 

  1. SWEEPSTAKES DRAWING: 

 

One (1) Potential winner will be selected in a random drawing to be held on or about April 19, 2024 from among all eligible entries received by Administrator, whose decisions are final in all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.  

 

  1. WINNER NOTIFICATION:  

 

The prize will be awarded on April 18, 2024.  Potential winners will be notified by email, phone call and/or text message (depending on their method of entry) and will be required to respond to the notification within forty-eight (48) hours indicating whether they can accept the prize. If a potential winner does not respond to the notification within the forty-eight (48) hour time period, prize will be forfeited and an alternate potential winner will be randomly selected (time permitting). Any alternate potential winner selected will also be required to respond to the notification within the time frame stated above.

 

Potential winners may be required to complete, sign and return an affidavit of eligibility and liability and, unless prohibited by law, publicity release to Sponsor or Sponsor’s representative within three (3) days of prize acceptance. Subject to verification of eligibility and compliance with the terms of these Official Rules, including verification that the winners are twenty-one (21) years of age or older, the potential winners will be declared the official winners of the Sweepstakes. If Sponsor cannot verify that the potential winners are twenty-one (21) years of age or older prior to winners notification, then the potential winners will be disqualified and an alternate potential winners will be randomly selected (time permitting). 

 

In the event of noncompliance within any stated time period, the prize will be forfeited and an alternate potential winner will be randomly selected (time permitting). Any alternate potential winner selected will also be required to adhere to the time periods described herein. Any prize notification or prize returned to the Sponsor or its agencies as undeliverable will result in disqualification and the awarding of that prize to an alternate potential winner (time permitting).

 

Sponsor is not responsible for suspended or discontinued Internet, wireless, or land-line phone service or a change in an entrant’s email, phone number or mailing address which may result in a potential winner not receiving initial prize notification or his/her prize information. Note: Any communication between a potential winner and Sponsor or its agencies regarding this Sweepstakes (e.g. phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes.





  1. PRIZE DETAILS:

 

Two (2) Grand Prizes consisting of: Two (2) 2-Day VIP tickets to Project Glow® Washington DC Music Festival at RFK Festival Grounds in Washington DC scheduled to occur April 27, 2024 through April 28, 2024 (“Festival”). Approximate Retail Value (“ARV”) of each grand prize: $726. If a winner cannot accept the prize as specified, prize will be forfeited and awarded to an alternate winner. Any difference between stated value and actual value will not be awarded. Parking, travel and accommodations not included and are the sole responsibility of winners and their guests.  Ticket delivery method is at sole discretion of Live Nation which will be either sent to winner by mail, email, mobile ticketing or placed at venue Will Call the day of Festival under the winner’s name. Winners must be present to pick up tickets and a valid photo ID will be required if tickets are placed at Will Call. Winners and guests must be at least twenty- one (21) years old, must abide by all Festival/venue policies: https://projectglowfest.com/guide/faq/, to include but not limited to, showing a valid photo ID at venue for age verification and/or identification purposes if requested. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it and/or Festival/venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any Festival/venue policy or law, and/or may bring Live Nation into disrepute. Winner understands that there are inherent risks involved in being in public spaces and that these risks may be present before, during and after the Festival. Resale of tickets is prohibited.  By claiming tickets, you agree to Front Gate Tickets Terms of Use and to abide by the health and safety measures in effect at the time of the Festival, which may include, but not be limited to, wearing masks, providing proof of vaccination status and/or providing proof of negative COVID-19 status. Should the Festival be canceled, you will be notified as soon as reasonably possible.

 

Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of Sponsor.  If a prize or any portion thereof cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value.  Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.  

 

If Sponsor so elects, potential winners may be required to submit to a confidential background check.  Such background check may include (but is not limited to) investigation of criminal, sexual offenses, or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that potential winners will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor.  If requested, potential winners agree to sign waiver forms authorizing the release of personal and background information.  In the event of noncompliance, to be determined at the sole discretion of Sponsor, prize will be forfeited and will be awarded to an alternate winner (time permitting).



  1. PUBLICITY:  

 

Acceptance of prize offered constitutes permission for Sponsor to use winner’s name, voice, biographical information and/or likeness for purposes of advertising and promotion without further compensation in all media now known or hereafter discovered worldwide and on the Internet without notice or review or approval as permitted by law. 

 

  1. RELEASE:  

 

By accepting a prize, winners agree to release and hold Sponsor, Live Nation Worldwide, Inc. (“Live Nation”)., Glow Events, LLC, Insomniac Holdings, LLC, InThe Dark, Inc., Washington Convention and Sports Authority and its Board of Directors, officers and employees, the Government of the District of Columbia and the United States Department of the Interior County of Washington DC and each of their respective parents, partners, shareholders, divisions, subsidiaries, officers, directors, members, managers, agents, representatives, affiliates, and employees (collectively “Project Glow Festival”), and Administrator harmless from all losses, damages, rights, claims and actions of any kind resulting from acceptance, possession or use of any prize, including without limitation, personal injuries, death and property damage.  

 

  1. GENERAL CONDITIONS: 

 

Sponsor, Administrator, Live Nation, Project Glow Festival and each of their respective affiliates, subsidiaries, and agencies (collective the “Released Parties”) are not responsible for lost, late, misdirected, unintelligible, returned or undelivered entries, telephone calls, text messages, email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network.  Persons who tamper with or abuse any aspect of this Sweepstakes or Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Website’s terms of service, as solely determined by the Sponsor or Administrator, will be disqualified. Released Parties are not responsible for any incorrect or inaccurate information whether caused by Website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access.  Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject that entrant to disqualification.  Released Parties are not responsible for injury or damage to participant's or any other person’s computer or property related to or resulting from participating in this Sweepstakes.  Should any portion of Sweepstakes be, in the Sponsor’s or Administrator’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Sweepstakes, or submission of entries, Sponsor and Administrator reserve the right at their sole discretion to suspend, modify or terminate the Sweepstakes, and randomly select the winners from valid entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. Text message entries will be deemed to have been submitted by the registered owner of the wireless number used to enter.  In the event of a dispute regarding the identity of an online entrant, the authorized subscriber of the email account used to enter will be deemed to be the entrant, and must comply with these rules.  The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses.  All materials submitted become the property of Sponsor and will not be returned.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.  

 

  1. DISPUTE RESOLUTION: 

 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, Administrator, and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules.  The place of arbitration shall be Austin, Texas.

 

  1. PRIVACY POLICY:

 

Please see Sponsor’s privacy policy located at https://beatboxbeverages.com/pages/privacy for details regarding the use of personal information collected in connection with this Sweepstakes.  If you are verified as a prize winner, your first name, last initial, city and state will be included in a publicly-available winner’s list.

 

  1. SPONSOR: 

 

BeatBox Beverages,LLC PO Box 150397, Austin, TX 78715.  

 

  1. ADMINISTRATOR: 

 

BeatBox Beverages, PO Box 150397, Austin, TX 78715.  

 

  1. WINNER’S LIST:  

 

For the names of the winners, email contact@beatboxbeverages with the subject: “BeatBox Beverages Washington DC Music Festival Sweepstakes “Winners List”, for receipt by July 2024.

 

Live Nation and Project Glow Festival are not Sponsors of this Sweepstakes and are in no way responsible for the administration of this Sweepstakes, the verification of winners, or the fulfillment of prizing. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. Project Glow is a registered trademark of Glow Events LLC.

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