Happy Weekend Giveaway
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS GIVEAWAY IS OPEN ONLY TO THE LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Eligibility: Open only to legal residents of the United States and the District of Columbia who are 21 years of age or older and have a mobile device which supports the Snapchat app, at the time of entry. Void wherever prohibited or restricted by law. Employees, officers and directors of the following entities and members of their immediate families (defined as parent, child, sibling, spouse) or same households (whether related or not) are NOT eligible to enter the Giveaway or win the prize: Mark Anthony Brands Inc., and its parent company, subsidiaries, divisions, affiliates, prize suppliers, advertising and promotion agencies, as well as alcohol beverage licensees (i.e., alcohol beverage suppliers, importers, wholesalers, distributors and retailers). By participating in the Giveaway, entrants agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. All federal, state and local laws apply.
2. Giveaway Period: Giveaway begins at 12:00:01 a.m. (ET) on April 18, 2018 and ends at 11:59:59 p.m. (ET) July 1, 2018
Message and data rates may apply. You may be charged by your wireless carrier for entering the Giveaway via mobile device. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE entering the Giveaway via mobile device. Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas.
The promotion is in no way sponsored, endorsed or administered by, or associated with Snap Inc.
During the Giveaway Period, record a video snap of your best joke on Snapchat and send it directly to the mike’s® Hard Lemonade Snapchat account. Video must be in compliance with the technical specifications of the Snapchat platform.
4. Submission Guidelines: Do not copy (in whole or in part) someone else’s video. If video is posted anywhere OTHER THAN directly to the mike’s® Hard Lemonade Snapchat account page, such video will not result in entry. A video will also not result in entry if it is determined by Sponsor not to be in compliance with the following Content Restrictions.
a) The video must be original; that is, video cannot violate the trademark, copyright, right of privacy, right of publicity or other rights of any third party; b) The video is inappropriate, obscene, or otherwise unfit for publication (e.g., comment includes hate speech, profanity, advocates violence, drug use or any illegal act); c) The video is not relevant to the posted content (i.e., your best joke); d) The video adversely affects the business reputation or goodwill of Mark Anthony Brands Inc. or mike’s® Hard Lemonade products; e) The video shows alcohol consumption or, alternatively, states or implies that the consumption of alcohol beverages is appropriate in conjunction with undertaking any task that requires concentration or physical coordination (e.g., operating a motor vehicle); f) The video includes any content that may be of appeal to persons who are not of legal drinking age.
Subject only to the rights retained by Snap Inc. (as applicable), entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the video in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant waives any “Moral Right of Authors” (Droit Moral) in the video pursuant to any U.S. law. Entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights.
VIDEOS/ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST VIDEOS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME, INCLUDING BUT NOT LIMITED TO ANY RESPONSIBILITY FOR MODERATING, MONITORING OR REVIEWING VIDEOS POSTED BY ENTRANTS. SPONSOR WILL NOT EDIT OR MODIFY VIDEOS POSTED FOR THE GIVEAWAY.
5. Entry Restrictions: Limit one (1) entry per person per day (12:00:001 a.m. [ET] until 11:59:59 p.m. [ET]) during the Giveaway period, even if a person has more than one (1) Snapchat account. Violation of this entry limit will result in only the initial entry being accepted. But, Sponsor reserves the right to void all entries (and disqualify entrant from the Giveaway altogether as well as to prohibit such entrant from participating in future promotions offered by Sponsor) if Sponsor determines in its sole discretion that a given person has engaged in egregious, blatant or repeated violations of the entry limit. Proof of submission of entry does not constitute proof of receipt of same or proof of entry. Receipt of entry may be acknowledged (including, possibly, via comment posted by Sponsor in response to video posted by a given individual) but such acknowledgment does not constitute any representation of eligibility for the Giveaway nor is it otherwise binding upon Sponsor. Entries generated by script, macro, robotic, programmed or like means are prohibited and will be disqualified. Use of third party entities (e.g., commercial sweepstakes/contest services) to enter Giveaway on a person’s behalf voids entry, will result in disqualification from Giveaway and possible prohibition from participating in future promotions offered by Sponsor. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the Authorized Account Holder of the e-mail address associated with the Snapchat account used to enter the Giveaway as of date of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the e-mail address corresponding to the Snapchat account used to enter the Giveaway.
6. Prize: One (1) Grand Prize will be awarded. Winner will receive one (1) “Happy Weekend” with a total value of up to $4,000.00. If actual value of Happy Weekend is less than $4,000.00 (as determined by Sponsor in its sole discretion), Winner will NOT receive the difference in cash or otherwise.
For “Happy Weekend,” Sponsor will curate activities, which are geared toward persons of legal drinking age, taking into account the entertainment and attractions available in winner’s hometown and surrounding area. ALCOHOL BEVERAGES ARE NOT PART OF HAPPY WEEKEND PRIZE.
In conjunction with Happy Weekend, Sponsor may provide ground transportation between winner’s residence and venue(s) for curated Happy Weekend activities; gift cards for winner and/or his/her guests; one or more meals at restaurant(s) of winner’s choosing (meals include food and non-alcohol beverages; maximum value of each meal to be determined by Sponsor in its sole discretion).
Sponsor shall have the final right of approval as to all of the specific activities comprising Happy Weekend. Sponsor is only responsible for awarding Happy Weekend activities as finally determined by Sponsor; and, all additional expenses and costs related to participation in Happy Weekend activities, such as taxes and gratuities, are entirely the winner’s responsibility. Specific activities comprising Happy Weekend will be offered by third party/parties which is/are independent of Sponsor. SPONSOR DISCLAIMS ANY AND ALL LIABILTY IN CONJUNCTION WITH ACTIVITIES COMPRISING HAPPY WEEKEND, AND MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND AS TO SAME; THE ONLY WARRANTIES PROVIDED ARE THOSE OF THE THIRD PARTY OFFERING THE ACTIVITY IN QUESTION.
All Happy Weekend activities must take place over a non-Holiday weekend; that is, Friday, Saturday and Sunday. (One or more days of Happy Weekend CANNOT be “saved” for future use). Happy Weekend must be taken by September 30, 2018
Advanced notice requirements may apply: winner understands that failure to provide ample lead-time to Sponsor may result in winner not receiving his/her top preferences for one or more Happy Weekend activities, with Sponsor having no liability in conjunction therewith. Moreover, Happy Weekend activities may be subject to availability, blackout dates and additional restrictions of third party prize supplier or otherwise. By way of example, tickets to preferred sports game or concert may be sold out.
Should winner have guest[s] accompany him/her on Happy Weekend activities, each such guest will be required to sign a Liability Release and where permitted by law a Publicity Release (“Release”), prior to prize award. Conversely, if winner does not have the maximum allotted number of guests accompany him/her on one or more Happy Weekend activities, winner will not receive any compensation or alternate prize of any kind and the prize will be awarded in increments appropriate for the actual number of persons (including winner him/herself) taking part in the applicable Happy Weekend activity.
Winner and guest(s) may be subject to additional restrictions imposed by third party prize suppliers relative to acceptance of Happy Weekend activities, which may include signing additional waivers/releases. SHOULD ANY HAPPY WEEKEND ACTIVITY FEATURE A RISK OF INJURY OF ANY KIND, WINNER AND GUEST EACH EXPRESSLY ASSUME ALL RISK OF INJURY.
Relative to acceptance and use of prize and engaging in Happy Weekend activities, winner and guest(s) must conduct themselves at all times in a socially responsible, appropriate and well-behaved manner as well as following all instructions of Sponsor and/or third party prize suppliers. Failure to do so will result in immediate termination of prize for winner and/or guest(s), as appropriate; and, in such case, Sponsor shall have no further liability or obligation to winner or guest(s) under any legal theory.
Should Happy Weekend activities include tickets to a sports game or concert/play/musical, the tickets are subject to the terms/conditions of issuer as stated thereon; venue restrictions; and are not intended for re-sale. Should Happy Weekend include gift card(s), the issuer of same will be determined by Sponsor in its sole discretion and the gift cards are subject to the terms/conditions of issuer as stated thereon.
Should actual value of Grand Prize be less than the stated Approximate Retail Value, winner will not receive the difference in cash or otherwise.
Approximate Retail Value of Prize: up to $4,000.00.
7. Winner Determination/Odds: Winner will be determined in a random drawing on or about July 5, 2018 by Sponsor whose decisions will be final in all matters relating to this Giveaway. Odds of winning will be determined by the total number of eligible entries received on the Sponsor’s Snapchat Account. (For the avoidance of doubt, as long as an entrant’s video is in compliance with these Official Rules [including the Content Restrictions as set forth above], its content will not be taken into account in the winner selection procedure.) If selected as the potential winner, the Entrant who posted the video will be notified by Sponsor via direct message on a potential winner’s video on Sponsor’s Snapchat Account. A potential winner must then send a private message to the Sponsor on Snapchat with contact information within two (2) days in order to claim his/her prize. The potential winner will be required to sign an affidavit of eligibility, a liability release and a publicity release (where lawful) within three (3) business days of date indicated on notification materials. In the event of noncompliance with this requirement or if the potential winner cannot be contacted for any reason, the prize will be forfeited without compensation of any kind and an alternate winner may be selected.
Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation.
8. Prize Restrictions: Entry in the Giveaway constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No prize substitution except at Sponsor’s sole discretion due to unavailability for any reason and only then for prize/prize element of comparable value. Prize is not redeemable/exchangeable for cash. Prize is not transferable except with Sponsor’s prior consent which may be granted or withheld in its sole discretion without liability of any kind. All federal, state and local taxes on the prize are winner’s sole responsibility. By accepting the prize, a winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.
Taxes on the prize are the winner’s sole responsibility. If value of the prize is $600 or more, a winner will be issued W-9 IRS Tax Form with the Affidavit of Eligibility and Release and a subsequent 1099 IRS Form. Upon receipt of the prize, winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
9. Releases: Releases: By participating, entrant indemnifies, releases and agrees to hold harmless (a) Mark Anthony Brands Inc. and its parent companies, subsidiaries, divisions, affiliates, prize suppliers, and advertising and promotion agencies; (b) the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations; © Snap Inc. (“Released Entities”) from any and all liability arising from participating in the Giveaway, any Giveaway-related activity and/or the acceptance, receipt, possession or use/misuse of the prize (as applicable).
10. Limitations of Liability: Sponsor’s computer is the official clock for all purposes of the Giveaway. Sponsor assumes no responsibility under any legal theory for (a) any incomplete, incorrect or inaccurate information whether caused by web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any (mobile) web site or entries; © any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming or failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, or for injury or damage to entrant’s or to any person’s mobile device (or any information/materials stored thereon) related to or resulting from downloading materials from any (mobile) web site or participating in the Giveaway; (d) entries being inaccessible, irregular or defective in any respect due to filtering by or other operation of the functionality of Snap Inc.; and (e) late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled e-mail transmissions or entries regardless of cause (and, all such entries are void.)
11. Force Majeure: If the Giveaway (or any part thereof) is not capable of running as originally planned for any reason beyond the control of Sponsor (e.g., natural disaster, unauthorized intervention, fraud, civil commotion) Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and conduct the Giveaway and select the prize winner from among all eligible entries received prior to the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the mike’s® Hard Lemonade Snapchat account.
12. Tampering: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY (MOBILE) WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH PERSON FROM THE GIVEAWAY (IF APPLICABLE), PROHIBIT SUCH PERSON FROM PARTICIPATING IN FUTURE PROMOTIONS OFFERED BY SPONSOR, AS WELL AS TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Additional Conditions of Participation: Sponsor is not responsible for any typographical, technical, or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, control and govern. If a Giveaway entry is lost, destroyed or corrupted, the entrant’s sole remedy shall be receipt of a replacement entry, time permitting and if otherwise feasible; if not feasible (as determined by Sponsor in its sole discretion), Sponsor shall not have any liability of any kind relative to same. Only the type and quantity of prizes described in these Official Rules are available to be won in the Giveaway. If, for any reason, there are more bona fide, legitimate prize claimants than the number of unit(s) of prize(s) available in any prize category as set forth in these Official Rules, the winner(s), or remaining winner(s), as the case may be, of the advertised number of prize(s) available in the applicable prize category will be selected in a random drawing from among all bona fide, legitimate prize claimants for the applicable prize category. Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not represent the waiver of such provision. Should a court of competent jurisdiction deem a given provision of these Official Rules to be invalid, illegal or unenforceable, such provision will be replaced with a substitute provision which is valid/legal/enforceable and most closely approximates the original intent of Sponsor. The invalidity, illegality or unenforceability of any provision of these Official Rules shall not affect the validity, legality or enforceability of any other provision of these Official Rules.
14. Disputes: This Giveaway is governed by the laws of the State of Illinois, without respect to conflict of law/choice of law doctrines of Illinois (or of any other jurisdiction which would lead to the application of the law of any jurisdiction other than Illinois). To the fullest extent permitted by law, as a condition of participating in the Giveaway, entrant agrees (a) that any and all disputes regarding the Giveaway which cannot be resolved between the parties shall be resolved individually, without resort to any form of class action, exclusively before a federal or state court located in Cook County, Illinois; (b) to the personal jurisdiction of such courts and to waive any right of inconvenient forum, change of venue or any like right; © that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering the Giveaway (if any), but in no event attorney’s fees, with all other forms of remedy – including but not limited to punitive, incidental, or consequential damages and injunctive relief – being expressly waived.
15. Winners’ List: For the name of the winner, please send a self-addressed stamped envelope to “MHL Happy Weekend”, 328 South Jefferson Street, Chicago, IL 60661 for receipt by July 19, 2018. Winner’s name will be available after August 1, 2018.
Sponsor: Mark Anthony Brands Inc., Chicago, IL 60661
© 2018 Mike’s Hard Lemonade Co., Chicago, IL. www.mikeshard.com ® is a registered trademark and ™ is a trademark of Mike’s Hard Lemonade Co.
MIKE’S IS HARD. SO IS PRISON. DON’T DRIVE DRUNK.®