Social Media Promotions
mike’s® Hard Lemonade Backyard Gnome Sweepstakes
mike’s® Hard Lemonade Backyard Gnome Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. This Sweepstakes 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.
- 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 Sweepstakes or winthe 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 Sweepstakes, 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. Sweepstakes Period: Sweepstakes starts at 12:00:01 a.m. (ET) on October 22, 2016 and ends at 11:59:59 p.m. (ET) on October 27, 2016.
3. How to Enter: A Facebook account is required for Sweepstakes 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), as applicable. The promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.
Access the officialmike’s® Hard Lemonade Facebook page at https://www.facebook.com/mikeshardlemonade and follow the on-screen instructions. Entrants can enter the Sweepstakes during the Sweepstakes Period via the following method:
i. Via Facebook: By commenting on Sponsor’s Backyard Gnome Sweepstakes post directly on the mike’s® Hard Lemonade Facebook page.
of Facebook (found at http://www.facebook.com/about/privacy).
- 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 Backyard Gnome Sweepstakes post on the mike’s® Hard Lemonade Facebook page, such comment will not result in entry.
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, 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.
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 SWEEPSTAKES.
- Entry Restrictions: Limit one (1) entry per person, regardless of the number of e-mail accounts or Facebook accounts that a person has. You may enter the Sweepstakes via Facebook only. 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 Sweepstakes 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 Sweepstakes 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 services) to enter Sweepstakes on a person's behalf voids entry, will result in disqualification from Sweepstakes 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 Sweepstakes (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 account used to enter the Sweepstakes.
If you choose to enter the Sweepstakes by using a mobile device: Message and data rates may apply. You may be charged by your wireless carrier for entering the Sweepstakes via mobile device. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE entering the Sweepstakes via mobile device. Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas.
- Random Drawing: Winners will be determined in a random drawing on or about October 28, 2016 by Sponsor whose decisions will be final in all matters relating to this Sweepstakes. Odds of winning will be determined by the total number of eligible entries received. (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.) The winner will be notified by Sponsor via a comment on the potential winner’s comment 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 winners will be required to sign an affidavit of eligibility, a liability release and a publicity release (where lawful) within three (3) business daysof 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 (time permitting).
7. Prize/Odds: Three (3) Grand Prizes will be awarded. Winners will receive one (1) mike’s® Hard Lemonade fan pack, which may include the following branded merchandise: one (1) T-Shirt, one (1) Hat, one (1) set of Pint Glasses, and one (1) Garden Gnome. Approximate retail value of each prize is $100.00. Total Approximate retail value of all prizes is $300.00. Alcohol beverages are not part of prize.
8. Prize Restrictions: Entry in the Sweepstakes 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.
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 Sweepstakes. 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.
- Releases: By participating, entrant indemnifies, releases and agrees to hold harmless (a) Mark Anthony Brands Inc. and 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; (c) Facebook, Inc. (“Released Entities”) from any and all liability arising from participating in the Sweepstakes, any Sweepstakes-related activity and/or the acceptance, receipt, possession or use/misuse of the prize (as applicable).
- Limitations of Liability: Sponsor’s computer is the official clock for all purposes of the Sweepstakes. 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 Sweepstakes 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; (c) 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 Sweepstakes; (d) entries being inaccessible, irregular or defective in any respect due to filtering by or other operation of the functionality of Facebook, Inc. (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.)
- Force Majeure: If the Sweepstakes (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 Sweepstakes and conduct the Sweepstakes 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 website and 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 SWEEPSTAKES 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 SWEEPSTAKES (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 Sweepstakes or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, control and govern. If a Sweepstakes 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 Sweepstakes. 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.
- Disputes: This Sweepstakes 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 Sweepstakes, entrant agrees (a) that any and all disputes regarding the Sweepstakes 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; (c) that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering the Sweepstakes (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.
- Winner’s List: For a list of winners, please send a self-addressed stamped envelope to “mike’s® Hard Lemonade Backyard Gnome Sweepstakes”, 328 South Jefferson Street, Chicago, IL 60661 for receipt by November 4, 2016. All requests must be received by December 4, 2016. Winners’ list will be available after December 25, 2016.
Sponsor: Mark Anthony Brands Inc., Chicago, IL 60661
© 2016 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.®
- mike’s® Hard Lemonade Backyard Gnome Sweepstakes