Poland Spring® Boston Marathon® Contest

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Poland Spring® Boston Marathon® Contest (the “Contest”) is open only to legal residents of Maine, Vermont, New Hampshire, New York, Massachusetts, Rhode Island, New Jersey, Delaware, Connecticut, and Pennsylvania who are at least eighteen (18) years old at the time of entry, are not registered with but are prepared and able to participate in the 128th Boston Marathon® on April 15, 2024. Individuals who have secured entry and are registered to participate in the 128th Boston Marathon® scheduled for April 15, 2024 are not eligible to enter this Contest. You do not need a B.A.A. qualifying time to enter this Contest. Employees of BlueTriton Brands, Inc., Boston Athletic Association (“B.A.A.”), and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. It is void outside of the states listed above and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules.

2. Sponsor: BlueTriton Brands, Inc., Building 2, 900 Long Ridge Road, Stamford, CT 06902.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein, including consent to a confidential background check to confirm the potential Prize winners’ eligibility and compliance with these Official Rules. Due to the nature of the prize offered, if a background check reveals that a potential winner has engaged in conduct that could damage the reputation of or reflect unfavorably on Sponsor, the B.A.A., or any of the Released Parties, as determined by Sponsor in its discretion, the potential winner may be disqualified.

4. Timing: The Contest begins on January 10, 2024 at 12:00 pm. Eastern Time ("ET") and ends on January 19, 2024 at 12:00 p.m. ET (the "Contest Period"). Instagram's servers are the official time-keeping devices for the Contest. Winners will be announced on January 22, 2024.

5. How to Enter:

Participation Requirements: To participate, you will need a public Instagram account (“Account”). Your Account settings must remain public during the Promotion Period and until the prizes are awarded (as described in Section 8). You must not change your Instagram handle during the Promotion Period and until the Prizes are awarded (as described in Section 8). Creating an Instagram account is free but is subject to Instagram’s terms and conditions. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

How to Submit an Entry: During the Contest Period, take the following actions on Instagram to receive a Contest entry:

(a) Follow @PolandSpringWtr on Instagram.
(b) Tag your Boston Marathon cheer squad in the comments.
(c) Post a photo and caption that illustrates your running journey and explains why you would like to run in the 128th Boston Marathon® for the Poland Spring Team. Your caption must also include @polandspringwtr, #TeamPolandSpring (collectively, “Submission”).

Instagram stories and Instagram posts where the @mention of Sponsor or hashtags are included in a comment rather than in the caption of the original post will not be deemed qualified Submissions.

No Purchase or Endorsement is Necessary: Your Submission need not include any reference, positive or negative, to Sponsor’s products. A reference to the Sponsor’s products in your Submission will not improve your chances of winning.

Content Restrictions for your Contest Submission:

• Your Submission must be your original work;
• Your Submission must be in English;
• Your Submission must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
• You must have consent or permission to include the names, images or likenesses of other individuals that clearly appear or are prominently depicted/referenced in your Submission (“Third Party Indicia”) and you must have obtained from these third parties the right for Sponsor to use the Third Party Indicia as set forth in Section 6 below. Your Submission may not include the names, images or likenesses of minors (as the term “minor” is defined by the State where the entrant resides) unless you have the consent or permission of the parent(s) or legal guardian(s) of minor.
• Your Submission must not disparage Sponsor or any other parties;
• Your Submission must not legibly display material that violates or infringes another’s rights. Accordingly, you must not include logos, trademarks or any other intellectual property other than those of the Sponsor;
• Your Submission must not make references to or include: alcohol, illegal drugs, tobacco, firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
• Your Submission may not be indecent, obscene, sexually explicit, hateful, promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
• Your Submission may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.

If your entry meets all of the above requirements, you automatically will receive one (1) entry into the Contest.

Limit: You may enter one (1) time during the Contest Period. Released Parties (as defined in Section 9, below) are not responsible for failure to receive your Submission due to limitation of third-party social network platforms. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different Instagram accounts, 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 any registration, the authorized account holder of the Instagram account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Instagram account. Each potential winner may be required to show proof of being an authorized account holder.

6. Sponsor’s Use of Content; Grant of Rights: By posting a Submission, entrant hereby grants to Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, digitize, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional, sales or marketing purposes without further notice, compensation or attribution to entrant. If requested, entrant will sign all documentation that may be required for Sponsor or its designees to make use of the rights that entrant is granting to Sponsor. Entrant understands, acknowledges and agrees that entrant will not be paid nor will entrant receive any form of compensation for the Submission, for entering this Contest, and for granting the rights described herein, other than any prize that may be received by entrant if the entrant is determined to be the winner. Sponsor will not incur any liability whatsoever to the extent Sponsor chooses to exploit or to refrain from exploiting any of its rights hereunder.

7. Winner Requirements: On or around January 22, 2024, each potential winner will be notified by @PolandSpringWtr through Instagram direct messages and will be directed to provide their name, email address, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within two (2) days of the date the notice or attempted notice is sent in order to claim the prize. Once this step is completed, potential winners will be required to complete, sign, and return (a) a Declaration of Compliance, Liability Waiver and, where not prohibited, (b) a Publicity Release including agreement to a confidential background check, must be received by Sponsor within two (2) days of the date the notice or attempted notice is sent in order to claim the prize. As part of accepting the Prize, potential winner will be asked to

(a) Acknowledge and voluntarily accept the inherent risks of exposure to COVID-19 that is present:
(i) in any public place where people are present and (ii) by traveling and participating in the Boston Marathon®.
(b) Sign additional consent forms provided by the B.A.A. to participate in the Boston Marathon®;
(c) Consent to being filmed by Sponsor at multiple times to be determined by Sponsor in its sole discretion, including events related to acceptance of the Prize, such as but not limited to the 128th Boston Marathon® (“Prize Footage”). Sponsor will own the Prize Footage as set forth in the Publicity Section below; and 
(d) Post at least one (1) post regarding their training journey or their experience at or after the Boston Marathon® on Instagram prior to the Boston Marathon® (“Winner’s Posts”). Instructions and requirements will be provided by Sponsor to each confirmed winner. All social posts must comply with the Federal Trade Commission’s endorsement and testimonial guides and must disclose winner’s relationship to Sponsor, for example, by including “sponsored” or “paid” or “ad” in the post. Failure to complete the social posts may result in forfeiture of the prize in Sponsor’s sole discretion.

If a potential winner cannot be contacted, fails to provide the requested information and documents within the required time period, Sponsor may disqualify the potential winner. Receiving a Prize is contingent upon compliance with these Official Rules. Due to the time limitations associated with preparing for and accepting the Prize, no alternate winners will be selected.

8. Prizes: FIFTEEN (15) PRIZES: Each Prize includes: (a) one (1) complimentary entry into the 128th Boston Marathon® (scheduled for April 15, 2024); All expenses associated with travel to Boston to participate in the 128th Boston Marathon®, including, but not limited to, airfare, hotel accommodations, ground transportation, meals, or beverages are the sole responsibility of the prize winners. Approximate Retail Value (“ARV”) of each Prize: $375.

Note: Winner will receive Boston Marathon® invitation by email and will be required to complete online forms by March 15, 2024 in order to accept this element of the Prize. 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 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. Odds of winning a Prize depend on the number of eligible entries received during the Promotion Period. Total ARV of all 15 Prizes: $5,625.

9. Release: By entering this Contest, entrants agree to release, and hold harmless Sponsor, B.A.A., Meta Platforms, Inc., Instagram, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, 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, third party claims involving the right to privacy, right of publicity, or intellectual property infringement, arising out of participation in the Contest, receipt or use or misuse of any prize, and any related travel required to accept the prize.

10. Publicity: Except where prohibited, participation in this Contest constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, Winner’s Posts, photograph (including, without limitation, winner's Instagram profile photo), Prize Footage, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration to winner.

11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, 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 Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winner(s) from among all non-suspect, eligible Submissions received up to time of such action using the procedure outlined above. Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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 Contest; (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 Submission process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) lost, late, unreceived, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms or; (6) 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 Contest, receipt or use or misuse of any prize, and any related travel required to accept the prize; or (7) any unauthorized third-party use of any Submission.

In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages arising out of or related to these Official Rules or this Contest. Without limiting the foregoing, everything on the site is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations or the exclusions of liability for incidental or consequential damages, or exclusion of implied warranties, so some of the aforementioned limitations or exclusions may not apply.

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 Contest 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 the District of Connecticut or the appropriate Connecticut State Court located in Bridgeport, Connecticut; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Connecticut without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut.

14. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy.

15. Winner List: The winner list will be posted after winner confirmation is complete.

© 2024 BlueTriton Brands, Inc. All rights reserved.

This promotion is in no way sponsored, endorsed or administered by, or associated with Meta and Instagram, LLC.