Breakthru Beverage® x Waste Management Phoenix Open

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE
OR PAYMENT WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.

Breakthru Beverage® X WM Phoenix Open Sweepstakes (“Sweepstakes”) is sponsored by Breakthru Beverage Company USA LLC (“Sponsor”), – a Delaware limited liability company headquartered at 60 East 42nd St., Suite 1915, New York, NY 10165, and is administered by Phoenix New Times, LLC (“Administrator”), 1201 E Jefferson St Phoenix, AZ 85034.

1. SWEEPSTAKES PERIOD: The Sweepstakes begins on December 1, 2024 at 12:01 a.m. Mountain Standard Time (“MST”) and ends on January 26, 2025 at 11:59 p.m. MST (the “Sweepstakes Period”). Mountain Standard Time shall control for all purposes of the Sweepstakes. Administrator’s computer shall be the official clock for purposes of the Sweepstakes.

2. ELIGIBILITY: This Sweepstakes is offered only to residents of Arizona who are at least twenty-one (21) years old at the time of entry. Employees, directors, officers, and agents of Sponsor, alcohol beverage retailers and distributors, Administrator, WM Phoenix Open*, and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, distributors, advertising and promotional agencies and suppliers involved in the Promotion (“Promotion Entities”), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to enter or win. Void where prohibited or restricted by law.

Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

*Sponsor is a partner of the WM Phoenix Open. The WM Phoenix Open is neither a sponsor nor an administrator of this Sweepstakes.

3. HOW TO ENTER: There are two methods of entry.

a. ONLINE ENTRY METHOD: Beginning on 12/1/2024, you may enter the Sweepstakes via www.wmposweeps.com (the “Promotion Site”) and following the entry directions. You may do so by going directly to the website or by scanning the QR Code printed on marketing materials using your web-enabled mobile device. If using a mobile device, data charges may apply and entrants should consult their wireless provider’s pricing plans. You may be required to register or to otherwise provide some or all of the following information: your name, address, city, state, zip code, telephone number, age, e-mail address and the metropolitan service area for which you are entering.

Online entrant(s) must be the registered subscriber of the e-mail account by which the entry is made. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account (as specified by the Internet Service Provider) used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant. Entries made by any individual or any entity other than the named entrant and/or originating at any other Internet Website, including (but not limited to) commercial sweepstakes subscription notification and/or entering service sites are void.

b. MAIL-IN ENTRY METHOD: Alternatively, you may enter the Sweepstakes by hand-printing the words "Breakthru Beverage® X WM Phoenix Open Sweepstakes”, your full name, age, address, city, state, zip code, telephone number, e-mail address (if applicable), and keyword dropdown selection on a 3”x 5” card and mailing it in an envelope to: “Breakthru Beverage® X WM Phoenix Open Sweepstakes”, - ENTER c/o Marketing Department, New Times, 1201 E Jefferson St, Phoenix, AZ 85034. Entry must be postmarked by January 26, 2025.

By submitting the requested information on the Promotional Site, you represent and warrant that you are at least legal drinking age.

Neither Sponsor nor Administrator is responsible for incorrect or inaccurate transcription of entry information, computer, online or human error, technical malfunctions, any omission, interruption, defect, or any other error, including, without limitation, lost, late, incomplete, invalid, unintelligible or misdirected entries, all of which may constitute grounds for disqualification in Sponsor’s sole discretion. If a problem occurs in the entry process, the entrant is solely responsible for verifying that the entry process has been validly completed. Sponsor shall have no obligation to advise an entrant of an incomplete, late or undeliverable entry. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Entrant is responsible for all online charges incurred with any Internet service provider and/or wireless carrier.

If using a mobile device, data charges may apply, and entrants should consult their wireless provider’s pricing plans.

Entry Limit: There is a limit of one entry per person/per "Day” (12:00 a.m. MST through 11:59 p.m. MST) during the Promotion Period and, through January 26, 2025. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of an entrant, Sponsor and Administrator will rely on the information submitted by the entrant to register for this Sweepstakes. If any additional information provided by entrant is inconsistent with the information provided at registration, Sponsor and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prizes won.

4. WINNER SELECTION: The Administrator will randomly select NINE (9) Grand Prize Winners from all eligible entries received during the Breakthru Beverage® X WM Phoenix Open Sweepstakes Entry Period. No more than the stated number of Sweepstakes prize winners will be selected in total. The Breakthru Beverage® X WM Phoenix Open Sweepstakes drawing for all prizes will occur on January 27, 2025.

5. ODDS OF WINNING: Odds of winning a prize depend on the total number of eligible entries received for the Sweepstakes during the Sweepstakes Entry Period and are equal regardless of method of entry.

6. WINNER NOTIFICATION & VERIFICATION FOR ALL PRIZES: The NINE (9) Grand Prize Potential Winners will be contacted by telephone or email using the contact information provided at the time of entry within one (1) day of a random drawing.

Winners may be required to provide their Social Security number or tax ID for tax reporting purposes if Sponsor is required to file an IRS Form 1099 with the Internal Revenue Service for the fair market value of a prize awarded and accepted. Except where prohibited, potential winners also may be required to sign and return to Sponsor, within five (5) business days, a declaration of eligibility and liability/publicity release (“Declaration”) via email to the address specified in the Declaration in order to claim the prize. If a potential winner fails to complete, sign and return the applicable Declaration within the required time period, or if the Declaration is returned as undeliverable or incomplete, the potential winner may be disqualified in Sponsor’s sole and absolute discretion. In the event a potential winner is disqualified for any reason, or if a prize is unclaimed, the prize will be forfeit. Sponsor, at its sole and absolute discretion, may award the forfeit prize to an alternate potential winner by random drawing from among all remaining eligible entries. Within forty-eight (48) hours of the secondary drawing, alternate winner(s) will be contacted using the contact information provided at the time of entry. If the alternate winner(s) fails to respond to the notification within forty-eight (48) hours of notification or the notification cannot be made after two (2) attempts, the alternate winner may be disqualified in Sponsor’s sole and absolute discretion. Sponsor retains the right to repeat this process until an alternate Potential Winner complies with the verification of eligibility requirements.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.

7. PRIZES & APPROXIMATE RETAIL VALUE (“ARV”):
Sweepstakes Prizes:
2025 BREAKTHRU BEVERAGE® X WM Phoenix Open Tickets in Phoenix Arizona 2025: Each of the NINE (9) potential winners will receive TWO (2) Breakthru Beverage® X WM Phoenix Open tickets (fulfilled by email to the winner) for TWO (2) daily admission tickets to Saturday’s February 8th game match at the 2025 WM Phoenix Open in Phoenix Arizona, as defined in Section 4. Ticket prizes for a specific day of the WM Phoenix Open cannot be guaranteed and are subject to availability. Each ticket has an ARV of $125.00 USD. A single prize of TWO (2) daily admission tickets has an ARV of $250.00 USD. Total value of all prizes is: $2,250.00 USD.

Actual tickets for the 2025 Breakthru Beverage® X WM Phoenix Open Sweepstakes are in relation to the published 2025 event found at: https://wmphoenixopen.com/. WM Phoenix Open times, schedules and performances are subject to change.

No other ticket benefits, ticket membership or ticket holder status is included in the Breakthru Beverage® X WM Phoenix Open Sweepstakes. All travel and associated costs with prize acceptance are the sole responsibility of the winner.

Total ARV: The total ARV of all available prizes in the Promotion is $2,250.00 USD.

8. PRIZE CONDITIONS: Limit one (1) prize per household. A prize will be awarded only if the potential winner fully complies with these Official Rules. Sponsor shall have no responsibility or obligation to the prize winner or a potential winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. All prizes (or a component of the prize) are subject to the terms and conditions of the issuer. All prize details are at the sole and absolute discretion of Sponsor and any depiction of the prize, in Sweepstakes materials or otherwise, is for illustrative purposes only. Prize and prize components are subject to availability and other restrictions all of which are subject to change at Sponsor’s sole and absolute discretion. No transfer, refund, cash redemption, substitution, replacement or cash equivalent for a prize or any prize component will be made, except that Administrator, at its sole and absolute discretion, may substitute a prize (or component of a prize) of equal or greater value for any reason.

Sponsor will not be responsible for any travel that is delayed, rescheduled, postponed or cancelled for any reason including due to pandemic, any government restrictions, pandemic regulations or requirements, travel provider restrictions or policies, weather, Acts of God, force majeure, acts of terrorism, civil disturbances, work stoppage or any other reason or event that may cause the delay, rescheduling, postponement or cancellation of any travel arrangements.  No refund or compensation will be made in the event of the cancellation, delay, rescheduling or postponement of any travel arrangements.

No other ticket benefits, ticket membership or ticket holder status is included in the Breakthru Beverage® X WM Phoenix Open Sweepstakes.

Unless otherwise described above, prizes will be emailed to the winner at the email address provided at the time of registration. No cash equivalent and all prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Winners of a prize equal to or greater than $600 will receive an IRS Form 1099 MISC reporting the actual value of the prize received. In no event will more prizes than are stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. ARVs are as of the time these Official Rules were printed and the value of a prize may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the prize at the time the prize is awarded. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Without limiting the foregoing, everything regarding this Promotion, including the prizes, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. RELEASE: By participating in this Promotion, entrants (including all winners) agree to indemnify, release and hold harmless Promotion Entities, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

10. PUBLICITY: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

11. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prizes offered herein and to award the prizes at random from among the eligible entries or plays received up to the time of the impairment. 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 to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

12. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Sweepstakes entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. In the event of any conflict with any Promotion details contained in these Official Rules and the Promotion details contained in any Promotion promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging, and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.

13. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Arizona or the appropriate Arizona state court ; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona.

14. PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in the Promotion will be collected by Sponsor or its designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and as otherwise set forth in Sponsor’s privacy policy at www.breakthrubev.com/Privacy-Policy.

15. SEVERABILITY: If any provision of these Official Rules should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision.

16. WINNERS LIST: For a winner list, please email marketing@newtimes.com. The winner list will be available on March 30, 2025.

©2024 Breakthru Beverage Company, LLC – a Delaware limited liability company headquartered at 60 East 42nd St., Suite 1915, New York, NY 10165.