Photo Battle Contest
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS CONTEST IS OPEN ONLY TO THE LEGAL RESIDENTS OF THE STATES OF NEW YORK, WASHINGTON AND ILLINOIS 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 states of New York, Washington and Illinois who are 21 years of age or older at the time of entry. Void elsewhere, where 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 Contest or win a 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 Contest, 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. Contest Period: Contest begins at 12:00:01 a.m. (ET) on November 1, 2017 and ends at 11:59:59 p.m. (ET) November 6, 2017.
3. How to Enter: A Facebook account is required for Contest entry. A Facebook account may be opened for free, subject to the Terms of Facebook including but not limited to Facebook’s Statement of Rights and Responsibilities (found at http://www.facebook.com/legal/terms). The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
Access the official mike’s® Hard Lemonade Facebook page at https://www.facebook.com/mikeshardlemonade/ and follow the on-screen instructions. Entrants can enter the Contest during the Contest Period via the following method:
i. Via Facebook: By submitting an image which complements the advertising theme of mike’s Hard Lemonade’s “Drink on the Bright Side” that you would like Sponsor to edit/modify using Photoshop® and/or other computer software/technology (“Photo”) on Sponsor’s Photo Battle Contest post directly on the mike’s® Hard Lemonade Facebook page. The promotion is in no way sponsored, endorsed or administered by, or associated with, Photoshop®.
4. Submission Guidelines: Photo must be of appropriate quality/resolution so as to create a visible and functional edited image (300 dpi) as well as otherwise complying with the technical specifications on the official mike’s Hard Lemonade Facebook page.* Do not copy (in whole or in part) someone else’s Photo. If Photo is posted anywhere on Facebook OTHER THAN in response to the mike’s® Hard Lemonade Photo Battle Contest post on the mike’s® Hard Lemonade Facebook page, such posting of Photo will not result in entry. A Photo will also not result in entry if it is determined by Sponsor not to be in compliance with the following Content Restrictions.
(*In the event of any discrepancy between these Official Rules and such technical specifications, the technical specifications shall prevail, govern and control only with respect to the format of the Photo itself and in all other regards these Official Rules shall prevail, govern and control.)
a) The Photo is not original; that is, Photo violates the trademark, copyright, right of privacy, right of publicity or other rights of any third party;
b) The Photo is inappropriate, obscene, or otherwise unfit for publication (e.g., Photo includes hate speech, profanity, advocates violence, drug use or any illegal act);
c) The Photo is not relevant to the posted content;
d) The Photo adversely affects the business reputation or goodwill of Mark Anthony Brands Inc. or mike’s® Hard Lemonade products;
e) The Photo 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; operating machinery);
f) The Photo depict persons consuming alcohol beverages;
g) The Photo includes any content that may be of appeal to persons who are not of legal drinking age;
h) The Photo includes an image of any person that appears to be under 25 years of age;
i) The Photo includes any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status.
Subject only to the rights retained by Facebook (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 Photo 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 Photo 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.
PHOTOS/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 PHOTOS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME, INCLUDING BUT NOT LIMITED TO ANY RESPONSIBILITY FOR MODERATING, MONITORING OR REVIEWING PHOTOS POSTED BY ENTRANTS.
5. Entry Restrictions: Limit one (1) entry per person, regardless of the number of e-mail accounts, Facebook accounts that a person has. You may ONLY enter the Contest via Facebook. 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 Contest 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 via comment posted by Sponsor in response to Photo posted by a given individual) but such acknowledgment does not constitute any representation of eligibility for the Contest 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 Contest services) to enter Contest on a person’s behalf voids entry, will result in disqualification from Contest 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 account associated with the Facebook account used to enter the Contest 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 Facebook account used to enter the Contest.
If you choose to enter the Contest by using a mobile device: Message and data rates may apply. You may be charged by your wireless carrier for entering the Contest via mobile device. It is, therefore, recommended that you consult your wireless carrier’s pricing plan BEFORE entering the Contest via mobile device. Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas.
6. Prize: Three (3) Grand Prizes will be awarded as follows: One (1) winner from the state of New York, one (1) winner from the state of Washington, and one (1) winner from the state of Illinois. Grand Prize consists of an active lifestyle camera (specific model number, color and features to be determined by Sponsor in its sole discretion) and Sponsor may use an edited/modified version of winner’s Photo/entry in advertising materials on billboards and/or on other signage in area(s) within winner’s state of residence, for approximately a one-month period beginning on or after December 4, 2017. Approximate Retail Value of each Prize: $400.00. Total Approximate Retail Value of All Prizes: $1,200.00. Alcohol beverage are not part of prize.
Conditions on Possible Use of winner’s Photo in Advertising:
- Sponsor is under no obligation to proceed with any use of edited/modified version of the Photo and by refraining from doing so, Sponsor’s entire liability will be limited to the value of the lifestyle camera element of the Grand Prize (and, for the avoidance of doubt, the possible use of winner’s photo in advertising has no retail value);
- Should Sponsor proceed with use of the edited/modified Photo:
- Sponsor shall control any and all aspects of the editing/modification of the Photo and publication of the edited/modified Photo, without notice to or approval of winner or any royalty, payment or compensation to winner other than the lifestyle camera element of the Grand Prize;
- Sponsor shall determine in its sole discretion the type/types of billboards and/or other signage on which the edited/modified version of Photo will be displayed;
- Sponsor will determine the placement of such billboards and/or other signage including the edited/modified version of Photo, subject to applicable alcohol beverage advertising regulations of the corresponding jurisdictions;
- Sponsor shall determine in its sole discretion the duration of the posting of such billboards and/or other signage which may not be uniform for all Grand Prize winners and may be less than an entire month (and, Sponsor further reserves the right to re-use the billboards and/or other signage with the edited/modified version of Photo in the future, again without notice, approval or further compensation to winner);
- Sponsor will decide in its sole discretion whether (or not) to identify the winner by name on the edited/modified version of Photo (or to otherwise attribute the edited/modified version of Photo to winner) and, if so, Sponsor shall control any and all aspects of such identification/attribution (including its prominence, content and format);
- As between Sponsor, on the one hand, and winner, on the other, Sponsor shall own any and all rights to the edited/modified Photo**;
- Upon Sponsor’s request and without further compensation of any kind, winner agrees to advise Sponsor from time to time in the future as to his/her current opinion of mike’s Hard Lemonade product.
- Use of the edited/modified Photo by Sponsor does not constitute an offer of employment to winner.
**For the avoidance of doubt, as a condition of being declared a Grand Prize winner, winner must complete, execute and return an assignment of his/her rights in the edited/modified Photo to Sponsor. Such assignment of rights will include the winner’s waiver of any “Moral Right of Authors” (Droit Moral) he/she may have in the edited/modified Photo pursuant to any U.S. law.
7. Winner Determination/Odds: Entries will be sorted by entrant’s state of residence (that is, New York, Washington and Illinois). In each of the three (3) states, Sponsor’s representatives will select as the Grand Prize winner the entrant whose Photo, in the arbitrary judgment of Sponsor, best complements the advertising theme of mike’s Hard Lemonade’s “Drink on the Bright Side” marketing campaign. The winner selection will be conducted on or about November 7, 2017. Sponsor’s decisions as to winner selection (and all other aspects of the Contest) will be final in all matters relating to this Contest. Odds of winning will be determined by the total number of eligible entries received as well as the vagaries of the personal taste of Sponsor representatives involved in the winner selection process. Potential winners will be notified by Sponsor via a comment on the potential winner’s Photo on Sponsor’s Facebook Page. The potential winner must then send a private message to the Sponsor on Facebook within two (2) days in order to claim his/her prize. The 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 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 from among remaining eligible Photos/entries received for the applicable state as set forth above.
Acceptance of prize constitutes winner’s consent to use of his/her name, image, likeness, Photo, Facebook handle and/or other social media handles, biographical data, and other indicia of his/her persona for advertising and promotional purposes without additional compensation. Without limiting the foregoing, winner further understands and agrees that should Sponsor elect to edit/modify and use his/her Photo as part of the award of the Grand Prize, the end result may be unflattering to winner (and Sponsor shall not have any liability under any legal theory in conjunction therewith). Winner agrees to confirm the preceding grant of rights in writing upon Sponsor’s request and without additional compensation of any kind.
8. Prize Restrictions: Entry in the Contest constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. With regard to the lifestyle camera element of the Grand Prize, no prize substitution is permitted 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. All federal, state and local taxes on the prize are winner’s sole responsibility. By accepting the prize, 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. Sponsor reserves the right to conduct a background check of any criminal records of the prize winner. To the extent necessary and permitted by law, prize winner shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winner from any prize element (including opting not to proceed with use of the edited/modified Photo of winner in advertising) based on the background check. 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, 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, the 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 any prize furnished in connection with the Contest. 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. THE ONLY REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE PRIZE ARE THOSE PROVIDED BY THE MANUFACTURER OF THE LIFESTYLE CAMERA.
9. 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; © Facebook, Inc., from any and all liability arising from participating in the Contest, any Contest-related activity and/or the acceptance, receipt, possession or use/misuse of a prize (as applicable).
10. Limitations of Liability: Sponsor’s computer is the official clock for all purposes of the Contest. 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 Contest 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 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 computer or mobile device (or any information/materials stored thereon) related to or resulting from downloading materials from any web site or participating in the Contest; (d) entries being inaccessible, irregular or defective in any respect due to filtering by or other operation of the functionality of Facebook, 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 Contest (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 Contest and conduct the Contest and select the prize winner(s) for affected state(s) from among all eligible Photos/entries received in each such affected state 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 Facebook page.
12. Tampering: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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 CONTEST (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 Contest or in the announcement of the prizes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, control and govern. If a Contest 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 Contest. 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 Contest 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 Contest, entrant agrees (a) that any and all disputes regarding the Contest 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 Contest (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 names of winners, please send a self-addressed stamped envelope to “mike’s® Hard Lemonade Photo Battle Contest”, 328 South Jefferson Street, Chicago, IL 60661 for receipt by December 8, 2017. Winners’ name will be available after December 29, 2017.
Sponsor: Mark Anthony Brands Inc., Chicago, IL 60661
© 2017 Mike’s Hard Lemonade Beverage Co., Chicago, IL.
GOOD THINGS COMES TO THOSE WHO WAIT…DON’T DRINK UNTIL YOU ARE 21®