NO PURCHASE OR TEXT MESSAGING NECESSARY. SWEEPSTAKES SUBJECT TO OFFICIAL RULES POSTED AT WWW.JONESSODA.COM. SWEEPSTAKES  OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA AND CANADA (EXCEPT IN THE PROVINCE OF QUEBEC) THROUGHOUT THE PROMOTION PERIOD WHO ARE 13 YEARS OF AGE OR OLDER. SWEEPSTAKES STARTS 5/19/2008, 12:00:A.M. (ET) AND ENDS 12/31/2008, 12:00: P.M. (PT) (“PROMOTION PERIOD”). YOU MAY SUBMIT AN ENTRY CODE FROM SPECIALLY MARKED JONES SODA “UNDER THE CAP” SWEEPSTAKES BOTTLES CAPS. VOID WHERE PROHIBITED. SUBJECT TO AND GOVERNED BY THE LAWS OF THE UNITED STATES.

ELIGIBILITY: The Jones Soda "Under the Cap" Sweepstakes is open to individuals who are legal residents of the 50 United States and the District of Columbia and Canada (except in the province of Quebec, where it is void, and wherever else prohibited or restricted by law). Participants must be 13 years of age or older. Employees of the Jones Soda Company (the "Sponsor"), and their respective parent companies, franchisees, partners, retailers, affiliates, subsidiaries, advertising and promotion agencies, printing suppliers and any other individual or company involved in the development or execution of the Sweepstakes and the immediate families (spouse, parents, children, siblings, and their respective spouses) and household members of each such employees, are not eligible to play or win. This Sweepstakes is subject to all applicable federal, state, provincial, and local laws and regulations. By participating, you agree to these Official Rules and to the decisions of the independent judges whose decisions are final and binding in all respects. Sponsor reserves the right to verify eligibility qualifications of the winners.
TWO WAYS TO ENTER:  1.) To participate via text messaging, text the code word “JONES” to enter the “Under the Cap” Sweepstakes. You must use a wireless, SMS-capable telephone (you must provide your own telephone).  Once you have properly text-messaged the appropriate code word to the promotional telephone number, you will be sent a reply via text messaging and you must follow any instructions provided to complete your entry. Standard text-message rates apply.  Other charges may apply; check your mobile plan for details. Available on participating carriers only.  Your wireless-service provider may charge you for each text message you send and receive.  Please consult your wireless-service provider regarding pricing plans. Your entry will remain eligible for the Sweepstakes, but you will not receive future text messages except for notification if you are selected as a potential winner.
2.) To enter by mail hand print, on a 3” x 5” piece of paper, your name, date of birth, address (including zip/mail code) + day & evening phone numbers & email address.
Mail to: JONES “Under the Cap” Sweepstakes 90 Rockwood Place, Rochester, NY 14610 USA. Limit one (1) entry per person. All entries must be postmarked by 12/31/08 and received by 1/07/09, and become the property of the Sponsor. All other entries are void. Sponsor is not responsible for lost, late, damaged, misdirected, or stolen, or illegible entries. 

LIMIT: One (1) entry per person per mail-in address or mobile telephone number per day, regardless of which of the above methods of entry are used. A “day” is defined as 12:00:01 a.m. EST though 11:59:59 p.m. EST. You may enter the Sweepstakes under one name/mailing address/wireless telephone number only.  In the event of a dispute about entries submitted by multiple individuals using the same wireless telephone number, or mailing address, the entry will be deemed to have been submitted by the authorized subscriber of the wireless telephone number used to enter the Sweepstakes at the actual time of entry.  The name of the authorized account holder associated with any wireless telephone number (used to enter by sending a text message) or mailing address will be deemed to be the entrant and must comply with these Official Rules.  The authorized account holder is defined as the natural person who is assigned a wireless telephone number by a wireless service provider. Multiple entries per person/mail/wireless telephone number in excess of the daily entry limit, or 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, incomplete, illegible, stolen, undelivered or misdirected entries. 

WINNER NOTIFICATION: Text messaging participants that win a prize will be selected instantly upon registration and contacted by text messaging. Mail-in participants that win a prize upon registration will be notified by email. Any prize that is not claimed by the potential winner by January 15, 2009 will be randomly drawn and awarded by January 20, 2009.

HOW TO CLAIM PRIZES: Winners will be notified by email determined by Sponsor and will be sent a Redemption Code and other instructions for prize claim. Internet access will be required to claim prize. You must save your Redemption Code for prize verification, if requested by Administrator. Prize will be forfeited if prize claim is not timely received according to the instructions and by the prize claim deadline provided in the notification. The submission of prize claims is the sole responsibility of the participant, who assumes all risk of loss, damage, destruction, delay and misdirection of materials.

PRIZE DESCRIPTIONS:

Totals                                              41,600        $264,996

Odds of winning a prize depend on the number of eligible entries received.
 
INTERNET LIMITATIONS OF LIABILITY: If for any reason, this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date.  Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in the promotion.  Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes.  Any dispute or claim arising out of the play of this Sweepstakes, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of Washington, without respect to conflicts of laws principles.  Any such claim shall be brought and maintained in the federal or state courts of the State of Washington.  If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION 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 OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

MODIFICATION: Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Promotion in whole or in part, including without limitation, any means of entry, at any time if the Promotion is not capable of running as planned or as intended by these Official Rules for any reason whatsoever, including but not limited to, any occurrences described in these rules, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Promotion, as determined by Sponsor in their sole discretion, or if Sponsor determines that more prize claims are submitted than the number of prizes offered in these rules. In such event, Sponsor shall immediately suspend prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among the eligible entries received up to the time of the impairment, and the Released Parties shall have no liability to any participant in connection with the Promotion. In no event shall Sponsor award more than the number of prizes stated in these Official Rules.

GENERAL CONDITIONS: All federal, state and local taxes and expenses not specified here are the sole responsibilities of the winner. Prizes are non-transferable and; no prize substitutions are allowed. Winner's entry and acceptance of the prize offered constitutes permission (except where prohibited) for the Sponsor its parents, subsidiaries, affiliates and those acting pursuant to its authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, said winner's name, photograph, likeness, statements, biographical information, voice and address (city and state), in perpetuity, without limitation, notice or further compensation. The Sponsor reserves the right to substitute a prize of equal or greater value, at its sole discretion.  No substitution or transfer of prize is permitted. In the event of a printing or production-related error, neither Sponsor, nor its advertising/ promotions agencies, participating retailers, nor their respective agents or suppliers shall have any liability. All prizes will be fulfilled 6 to 8 weeks after the last day in the month in which the prize has been won and winner has completed all required steps to claim/redeem prize.  If a potential winning entrant of a Sweepstakes Prize cannot be contacted; is ineligible; fails to claim the prize; is unwilling or unable to accept prize; if the Prize Notification is returned undeliverable; or if the potential winner otherwise fails to fully comply with these official rules, he/she will forfeit that prize and the prize will be awarded to an alternate potential winner. Any prize that is not claimed by the potential winner by January 15, 2009 will be randomly drawn and awarded by January 20, 2009. In no event shall more prizes be awarded than the number stated in the "Prizes" section above.  By entering, the entrant agrees to hold harmless and indemnify the Sponsor and its subsidiaries, affiliates, directors, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of entrant's participation in this promotion, and/or the receipt or use of the prizes awarded herein. By participating, participants agree (a) to be bound by these Official Rules; (b) that the decisions of Administrator or Sponsor are final on all matters relating to this promotion; and (c) to Sponsor’s use of participant’s name and address in accordance with Sponsor’s privacy policy.  By accepting prize, the winner agrees to indemnify, release and hold harmless Sweepstakes Entities, their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any claims, injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize, participation in any Sweepstakes or prize use related activity, or participation in this Sweepstakes.

VERIFICATION: All prize claims are subject to verification by Administrator. You are not a winner until your prize claim has been timely received and verified/validated by the Administrator, and you have complied with these Official Rules.  Sponsor’s sole liability for an Irregular Entry Code is limited to replacement with another Entry Code, while supplies last.  If because of error or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible claimants in such category to award such prize.  Only the prizes stated in these Official Rules are available to be won in the Sweepstakes and will be awarded.  All materials submitted become the property of Sponsor and will not be returned.

WINNER’S LIST REQUEST:  For the names of the winners of prizes valued over $25, send a self-addressed stamped envelope for receipt by 2/15/09 to: ASC/Jones “Under the Cap” Sweepstakes - Winners' List Request, 300 State Street, Suite 402, Rochester, NY 14614

INDEPENDENT SWEEPSTAKES ADMINISTRATOR: This Sweepstakes is being administered by The American Sweepstakes & Promotion Co, 300 State St. Suite 402, Rochester, NY  14614, who is responsible for overseeing the awarding of all prizes, and whose decisions will be considered final in all matters related to this promotion.

SPONSOR: JONES Soda Co., 234 Ninth Avenue North, Seattle, WA  98109.