Mike's Tipsy Elves Contest
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 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. Contest Period: Giveaway begins at 12:00:01 a.m. (ET) on December 8, 2017 and ends at 11:59:59 p.m. (ET) December 22, 2017.
Access the official mike’s® Hard Lemonade Facebook page at https://www.facebook.com/mikeshardlemonade/ or the official mike’s® Hard Lemonade Instagram page at https://www.instagram.com/mikeshardlemonade/ (@mikeshardlemonade) and follow the on-screen instructions. Entrants can enter the Giveaway during the Giveaway Period via one of the following methods:
i. Via Facebook: By commenting on Sponsor’s Holiday Sweater post directly on the mike’s® Hard Lemonade Facebook page.
ii. Via Instagram: By commenting on Sponsor’s Sponsor’s Holiday Sweater post directly on the mike’s® Hard Lemonade Instagram page.
4. Submission Guidelines: Do not copy (in whole or in part) someone else’s comment. If comment is posted anywhere on Facebook OTHER THAN in response to the mike’s® Hard Lemonade Holiday Sweater Giveaway post on the mike’s® Hard Lemonade Facebook page or if comment is posted anywhere on Instagram OTHER THAN in response to the mike’s® Hard Lemonade Holiday Sweater Giveaway post on the mike’s® Hard Lemonade Instagram page, such comment will not result in entry. A comment will also not result in entry if it is determined by Sponsor not to be in compliance with the following Content Restrictions.
a) The comment must be original; that is, comment violates the trademark, copyright, right of privacy, right of publicity or other rights of any third party;
b) The comment 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 comment is not relevant to the posted content;
d) The comment adversely affects the business reputation or goodwill of Mark Anthony Brands Inc. or mike’s® Hard Lemonade products;
e) The comment 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 comment includes any content that may be of appeal to persons who are not of legal drinking age.
Subject only to the rights retained by Facebook or Instagram (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 comment 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 comment 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.
WHETHER POSTED VIA FACEBOOK OR INSTAGRAM, COMMENTS/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 COMMENTS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME, INCLUDING BUT NOT LIMITED TO ANY RESPONSIBILITY FOR MODERATING, MONITORING OR REVIEWING COMMENTS POSTED BY ENTRANTS. SPONSOR WILL NOT EDIT OR MODIFY COMMENTS POSTED FOR THE GIVEAWAY.
5. Entry Restrictions: Limit one (1) entry per person, regardless of the method used to enter and the number of e-mail accounts, Facebook accounts or Instagram accounts that a person has. You may enter the Giveaway via Facebook OR Instagram, but not by using both social media platforms. 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 via comment posted by Sponsor in response to comment 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 Giveaway 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 account associated with the Facebook account or Instagram account used to enter the Giveaway (as applicable) 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/Instagram account used to enter the Giveaway.
If you choose to enter the Giveaway by using a mobile device: 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.
6. Prize: Ten (10) Grand Prizes will be awarded. Winners will receive one (1) custom mike’s® Hard Lemonade Holiday Sweater. No other prize will be awarded. Approximate Retail Value Per Prize: $65.00. Total Approximate Retail Value of All Prizes: $650.00. Alcohol beverages are not part of the prize.
Winners Determination/Odds: Winners will be determined in a random drawing on or about December 26, 2017 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 Facebook Page and the Sponsor’s Instagram Page. (For the avoidance of doubt, as long as an entrant’s comment 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 a Facebook Submission is selected as a potential winner, the Entrant who posted this Submission will be notified by Sponsor via a comment on a potential winner’s comment on Sponsor’s Facebook Page. A potential winner must then send a private message to the Sponsor on Facebook within two (2) days in order to claim his/her prize. If an Instagram Submission is selected as a potential winner, the Entrant who posted this Submission will be notified by Sponsor via a comment on a potential winner’s comment on Sponsor’s Instagram post. A potential winner must then send a Direct Message to Sponsor’s Instagram Page within two (2) days in order to claim his/her prize. Each 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 a 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. Winners 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, a 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 Giveaway. 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: 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.; and (d) Instagram, LLC (“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 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 Giveaway; (d) entries being inaccessible, irregular or defective in any respect due to filtering by or other operation of the functionality of Facebook, Inc. or Instagram, LLC (as applicable); 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 prize winners 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 Facebook page and the mike’s® Hard Lemonade Instagram page.
12. Tampering: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY 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 prize 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 list of winners, please send a self-addressed stamped envelope to “MHL Holiday Sweater Giveaway”, 328 South Jefferson Street, Chicago, IL 60661 for receipt by February 5, 2018. Winners names will be available after February 19, 2018.
Sponsor: Mark Anthony Brands Inc., Chicago, IL 60661
© 2017 Mike’s Hard Lemonade Beverage 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.®