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Cooler Giveaway

mike's® Hard Lemonade Cooler Giveaway Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS GIVEAWAY IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AT TIME OF PARTICIPATION. VOID IN ALABAMA, MARYLAND, NEW JERSEY AND PENNSYLVANIA AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.

  1. Eligibility: This Giveaway is 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 participation. Void in Alabama, Maryland, New Jersey and Pennsylvania and 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 participate in the Giveaway or win a prize: Mark Anthony Brands Inc., 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, you 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 10:00:00 a.m. (CT) on August 19, 2019 and ends at 11:59:59 p.m. (CT) September 7, 2019.

  3. How to Enter: A Facebook account is required. A Facebook account may be opened for free, subject to the Terms of Facebook including but not limited to Facebook’s Terms of Service (found at http://www.facebook.com/legal/terms), as applicable. 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.

    First, comment on Sponsor’s Watermelon bottle post directly on the mike’s® Hard Lemonade Facebook page preferably with a watermelon emoji. You may include other emojis when commenting provided that Sponsor determines that such additional emojis are appropriate and in good taste. You will receive an automated message from the mike’s® Hard Lemonade Facebook page within the next few minutes.

    Receipt of automated message does not constitute any representation of eligibility for the Giveaway nor is it otherwise binding upon Sponsor.

    If comment is posted anywhere on Facebook OTHER THAN in response to Sponsor’s Watermelon bottle post on the mike’s® Hard Lemonade Facebook page, such comment will not be accepted.

    Then, in response to the automated message, submit your guess as to the number of seeds in the image of Sponsor’s Watermelon bottle.

    To be acceptable, your guess must be a whole number. Use of modifying or conditional language (such as, “about,” “approximately,” “around,” “up to,” or “no more than”) will result in automatic disqualification even if your guess is correct.

    If guess is submitted anywhere on Facebook OTHER THAN in response to the automated message from the mike’s® Hard Lemonade Facebook page, such guess will not be accepted.

    If and only if your guess is correct, will you be entered in the Giveaway. (Prior to the commencement of the Giveaway, Sponsor has determined the number of seeds in the image of Sponsor’s Watermelon bottle.)

    Receipt of guess may be acknowledged (including via comment posted by Sponsor in response to same) but such acknowledgment does not constitute any representation of eligibility for the Giveaway nor is it otherwise binding upon Sponsor. For the avoidance of doubt, any such acknowledgment will NOT indicate whether (or not) a person’s guess was correct and/or whether (or not) he/she has been entered in the random drawing.

    Sponsor assumes no responsibility for lost, late, damaged, stolen, misdirected, illegible, incomplete, incorrect, or garbled comments/guesses or other Giveaway materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted. All submissions become the property of Sponsor and will not be returned. Information collected in connection with this Giveaway will be used in accordance with Sponsor’s Privacy Policy found at http://www.mikeshard.com/privacy and these Official Rules. In the event of any discrepancy between the Privacy Policy and these Official Rules, the Privacy Policy shall prevail, control and govern. You should also consult the Data Policy of Facebook (found at http://www.facebook.com/about/privacy).

  4. Additional Submission Guidelines: Should you choose to include content in addition to the watermelon emoji in your comment, your comment will not result in receipt of automated message (and you will not be able to make a guess as to the number of sees in the image of Sponsor’s Watermelon bottle) if such additional content is determined by Sponsor not to be in compliance with the following Content Restrictions.

    Content Restrictions:

    • 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;
    • 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);
    • The comment is not relevant to mike’s® Hard Lemonade Watermelon premium malt beverage;
    • The comment adversely affects the business reputation or goodwill of Mark Anthony Brands Inc. or mike’s® Hard Lemonade products, including but not limited to mike’s® Hard Lemonade Watermelon premium malt beverage;
    • The comment states or implies the consumption of alcohol beverages, including stating/implying 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);
    • The comment includes any content that may be of appeal to persons who are not of legal drinking age or references/identifies any person who is under the legal drinking age.

    Subject only to the rights retained by Facebook (as applicable), participant 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 any such additional content 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 participant. Participant waives any “Moral Right of Authors” (Droit Moral) in the additional content pursuant to any legal theory. Participant 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.

    SUCH ADDITIONAL CONTENT REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE PARTICIPANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST A WATERMELON EMOJI AND PERHAPS ADDITIONAL RELATED CONTENT AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME, INCLUDING BUT NOT LIMITED TO ANY RESPONSIBILITY FOR MODERATING, MONITORING OR REVIEWING ADDITIONAL CONTENT POSTED BY PARTICIPANTS. SPONSOR WILL NOT EDIT OR MODIFY ADDITIONAL CONENT POSTED IN CONJUNCTION WITH THE GIVEAWAY.

  5. Restrictions on Participation: Limit one (1) comment/guess per person, regardless of the number of e-mail accounts or Facebook accounts a person has. Violation of this limit will result in only the initial guess being accepted. But, Sponsor reserves the right to void all guesses (and disqualify participant from the Giveaway altogether as well as to prohibit such person 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 preceding limit. Proof of submission of comment/guess does not constitute proof of receipt of same or proof of participation. Comments/guesses 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 participate in Giveaway on a person’s behalf voids comment and/or guess (as appropriate), 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 a participant, comment and/or guess (as appropriate) will be deemed submitted by the Authorized Account Holder of the e-mail account associated with the Facebook account used to participate in the Giveaway (as applicable) as of date of posting comment and/or guess (as the case may be). 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 participate in the Giveaway.

    If you choose to participate in the Giveaway by using a mobile device: Message and data rates may apply. You may be charged by your wireless carrier for participating in the Giveaway via mobile device. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE participating in 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. Prizes: Three (3) Prizes will be awarded. Winners will each receive one (1) mike’s® Hard Lemonade Branded Cooler. Approximate Retail Value per Prize: $116.00. Approximate Retail Value of all Prizes: $348.00. Alcohol beverages are not part of prize.

  7. Winners’ Determination/Odds: Winners will be determined via random drawing on or about September 10, 2019 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 (i.e., the number of eligible persons who submitted correct guesses as to the number of seeds in the posted image of Sponsor’s Watermelon bottle). In the event that no correct guesses are submitted, all persons who submitted an acceptable guess in response to the automated message as per these Official Rules will instead be entered in the random drawing. (For the avoidance of doubt, should an entrant include additional content when commenting with the watermelon emoji, as long as such additional content is in compliance with these Official Rules [including the Content Restrictions as set forth above], such content will not affect his/her ability to participate in the Giveaway.) Potential winners will be notified by Sponsor via a comment on a potential winner’s posted comment on Sponsor’s Facebook Page. A potential winner must then send a private message/direct message to the Sponsor on Facebook (as applicable) within two (2) days in order to claim his/her prize, or the prize will be forfeited without compensation of any kind and an alternate winner may be selected. Each potential winner will be required to sign an affidavit of eligibility, a liability release and a publicity release (where lawful) within seven (7) 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 said prize constitutes a winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation.

  8. Prize Restrictions: Participation in the Giveaway constitutes a participant’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 of comparable value. Prize is not redeemable/exchangeable for cash. The prize as awarded may differ from images of same in Giveaway advertising and Sponsor disclaims any and all liability in conjunction therewith. Limit one (1) prize per family/household/address. 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 said prize are a winner’s sole responsibility. By accepting said 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. A winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of said prize.

    Taxes on said prize are a winner’s sole responsibility. If value of said 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 said 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 said prize furnished in connection with the Giveaway. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAID 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 WARRANTIES ON SAID PRIZE – IF ANY – ARE THOSE OF MANUFACTURER OF THE COOLER.

  9. Releases: By participating, you indemnify, release and agree to hold harmless (a) Mark Anthony Brands Inc., its parent company, 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; and © Facebook, 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 said 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, the automated message or comments/guesses; © 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 participant’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) comments/guesses or the automated message being inaccessible, irregular or defective in any respect due to filtering by or other operation of the functionality of Facebook; and (e) late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled e-mail transmissions or comments/guesses, regardless of cause (all of which 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.

  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. TAMPERING INCLUDES BUT IS NOT LIMITED TO ANY ATTEMPT TO DECIPHER, REVERSE ENGINEER, DISASSEMBLE, DECOMPILE OR MANIPULATE THE POSTED IMAGE OF SPONSOR’S WATERMELON BOTTLE OR THE AUTOMATED MESSAGE.

  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 prizes. 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 comment is lost, destroyed or corrupted or the automated message is not triggered even though a participant posted a comment with the watermelon emoji as per these Official Rules, the participant’s sole remedy shall be another opportunity to post a comment and thereby trigger the automated message, 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. If a guess is lost, destroyed or corrupted, the participant’s sole remedy shall be another opportunity to post a guess, 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. 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, participant 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 participating in 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 Cooler Giveaway”, 328 South Jefferson Street, Chicago, IL 60661 for receipt by October 14, 2019. Winners’ list will be available after November 7, 2019.

Sponsor: Mark Anthony Brands Inc., Chicago, IL 60661

© 2019 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.®