sweepstakes rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MUST BE 18 YEARS OF AGE, OR OLDER, TO ENTER.

THE PROMOTION: The Metromint Vespa Sweepstakes Promotion (“Promotion”) consists of one (1) Grand Prize Sweepstakes (“Grand Prize Sweepstakes”) and fifty (50) Secondary Prize Sweepstakes (“Secondary Prize Sweepstakes”). The Promotion starts 6/1/09 at 12:00:01 A.M., Pacifc Standard Time ("PST") and ends 9/30/09 at 11:59:59 P.M., PST (“Promotion Period”).

HOW TO ENTER: To enter, access www.metromint.com/winavespa/ during the Promotion Period and follow the entry instructions. Complete the information requested in the information fields (first and last name; e-mail address; address zip code; birth date; and gender). When your entry is complete, click Submit Form (once submitted, entry cannot be deleted, canceled, or modified). Enter using only an e-mail address subscribed to and registered in your name. All entries must be received by 11:59:59 P.M., PST, on September 30, 2009. Limit of one entry per person per e-mail address. In the event of a dispute about entries submitted by multiple individuals using the same e-mail account, entry will be deemed to have been submitted by the authorized subscriber of the e-mail account used to enter the sweepstakes at the actual time of entry. The authorized e-mail-account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet-access provider, online-service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Any use of robotic, repetitive, automatic, programmed, or similar entry methods or agents (including, but not limited to, sweepstakes-entry services) are prohibited and will void all entries by that entrant. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries.

PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): The one (1) winner of the Grand Prize Sweepstakes will receive one (1) Vespa Model LX 150 – ARV: $4,399 USD. The fifty (50) winners of the Secondary Prize Sweepstakes will each receive one (1) case of twenty-four (24) bottles of Metromint water – ARV: $38 USD. The specifics of all aforementioned elements of the prizes in the Sweepstakes shall be solely determined by Sponsor. The total ARV of all prizes to be awarded is $6,299 USD. Winner must be 18 years of age or older to be eligible to receive the prize. LIMIT: A winner of the Grand Prize Sweepstakes is not eligible to win a prize in the Secondary Prize Sweepstakes. NOTE: Sponsor will only deliver the prize to a winner's legal residence within the forty-eight (48) contiguous United States. Regardless of the prize won, all costs and expenses not specifically included above are solely each winner's responsibility, including all federal, state and local sales and use taxes, etc.

PRIZE DRAWING/NOTIFICATION: One (1) Grand Prize winner and fifty (50) Secondary Prize winners will be randomly selected, from among all eligible entries received, on 10/1/09. Odds of winning the Grand Prize Sweepstakes depend on the total number of all eligible entries received throughout the Promotion Period. Odds of winning a Secondary Prize Sweepstakes depend on the total number of all eligible entries received throughout the Promotion Period. All prizes will be awarded assuming sufficient eligible entries. Winners will be notified via e-mail within five (5) days of drawing. All winners will be selected by the Sponsor whose decisions with respect to all winners and other matters pertaining to the Sweepstakes shall be final.

PRIZE CONDITIONS: No transfer or substitution of any prize or portion thereof is allowed, nor is there a cash value equivalent, except at the sole discretion of the Sponsor. Winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release to be returned within five (5) days of written notification, or prize award will be void and an alternate winner selected. If any prize or prize notification letter is returned as undeliverable, prize will be forfeited. All federal, state and other taxes, not specifically mentioned previously, are the sole responsibility of the winners. Winner’s entry and acceptance of any prize constitutes permission (where allowable) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) on a worldwide basis, and in all forms of media, in perpetuity, without notice or further compensation.

ELIGIBILITY: The Promotion is open only to persons who are legal residents of, and living within, the 48 contiguous United States, 18 years or older, as of the date of entry except officers, directors, and employees (and members of their household and of their immediate families, i.e., parents, children, stepchildren, spouse, siblings and persons residing in the same household of such immediate family members) of Sponsor, its parent companies, subsidiaries, affiliates, sales representatives, divisions, dealers, distributors, suppliers, advertising and promotion agencies, and all other persons or entities associated with the development, administration, promotion, execution of, or supply to this Promotion (all of the former collectively referred to as "Sponsor & Others").

RELEASE: By acceptance of a prize, the winner releases the Sponsor & Others from and against any and all liability and claims or causes of action, including, but not limited to, personal injury, death, or damage to or loss of property with respect to all aspects of this Promotion, including those arising out of participation in this Promotion, any prize related activity whether sponsored by Sponsor or third parties, or the acceptance or possession or use/misuse of the prize or any component of the prize.

LIMITATIONS OF LIABILITY/INTERNET: Sponsor & Others are not responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected entries or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person's computer related to participating in the Promotion. Sponsor & Others are not responsible for illegible, unintelligible, late, lost or stolen entries or incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human errors which may occur in the processing of any entries in this Promotion. Any entrant who attempts to play with multiple e-mail addresses, under multiple identities or uses any other device or artifice to play multiple times or to interfere with the proper play of this Promotion, will be disqualified from participation in the Promotion. Persons found tampering with or abusing any aspect of this Promotion, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. If in the judgment of Sponsor, the Promotion is compromised by viruses, bugs, non-authorized human intervention or other causes beyond the control of Sponsor, which corrupt the administration, security, fairness or proper play of the Promotion, Sponsor reserves the right, in its sole discretion to discontinue, modify, suspend or terminate the Promotion and proceed in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such discontinuation, modification, suspension or termination. Any personally identifiable information collected during an entrant's participation in this Promotion will be collected by Sponsor and used by Sponsor and its agents solely for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a potential winner based on an email address, the winning entry will be deemed to have been made by the Authorized Account Holder of the email address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. SPONSOR MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this sweepstakes, each participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in San Francisco County, California, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for and hereby waives all rights to claim punitive; incidental; or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this sweepstakes), and participant further waives all rights to have damages multiplied or increased.

GENERAL: By participating in the Promotion, entrants agree to these Official Rules and the decisions of Metromint, which are final and binding in all matters and all respects relating to this Promotion. This Promotion is void in Alaska, Hawaii, Puerto Rico and wherever else prohibited by law. Acceptance of a prize constitutes the winner's consent to the use of his/her name, biographical information, photograph, and/or likeness for advertising and publicity purposes as determined by Sponsor without further compensation, except where prohibited by law. All federal, state and local laws and regulations apply.

WINNERS LIST: For the names of the winners, send a self-addressed stamped envelope, postmarked by 11/1/09 to: Metromint Vespa Sweepstakes Winners List, P.O. Box 885462, San Francisco, CA 94188-5462.

SPONSOR: Soma Beverage Company, LLC. 535 Bryant St, San Francisco, CA 94107.

USE OF PERSONAL INFORMATION: By entering this promotion, Metromint, its parent companies, subsidiaries, affiliates and agencies (collectively "Companies") may collect and use the information you provide on this ballot, including your name and contact information ("Information"), to qualify you for this contest, promotion or service and to contact you and provide ongoing service regarding the same.