Drink on the Bright Side Party Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. This Sweepstakes is open only to the legal residents of the State of california who are 21 years of age or older at time of entry. Void ELSEWHERE AND where prohibited or restricted by law.
1. Eligibility: This Sweepstakes is open only to legal U.S. residents of the State of California who are 21 years of age or older at the time of entry. Void elsewhere and 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 Sweepstakes or win the prize: Mark Anthony Brands Inc., Drizly, Inc., and Dirty Burd, Inc. and their parent companies, 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 and Drizly, Inc. 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. Pacific Standard Time (PST) on August 10, 2017 and ends at 11:59:59 p.m. (PST) on August 24, 2017.
3. How To Enter: There are two (2) ways to enter this Sweepstakes.
Entry Method No. 1 - During the Sweepstakes Period, place an order using the Drizly App or at www.drizly.com, enter the promotion code “unexpected" at checkout and, you will be automatically entered into the Sweepstakes. To result in entry, order must be placed no later than 11:59:59 p.m. (PST) on August 24, 2017. All entries become the sole property of the Sponsor and receipt of entries will not be acknowledged or returned. No alterations or forged entries are permitted.
Specific contents or purchase amount of order will not affect one's ability to enter the Sweepstakes or his/her odds of winning. But, for the avoidance of doubt, order must be delivered to a street address in the State of California to result in Sweepstakes entry. In addition, if order is later voided by Drizly, Inc. due to insufficient funds, unauthorized transaction or any other reason, the corresponding entry will be voided as well; and, to result in receipt of entry, the order cannot include the exchange or return of a previously purchased product.
Entry Method No. 2 – During the Sweepstakes Period, send an email to firstname.lastname@example.org. Email must include, full name, complete address, telephone number and date of birth to be eligible to win the prize. In addition, email must include the statement “I represent and warrant that the above information is true and correct, under penalty of perjury" and “DRINK ON THE BRIGHT SIDE SWEEPSTAKES ENTRY" must be included in the subject line of the email. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor.
4. Entry Restrictions: Limit one (1) entry per person. 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 and perhaps pursue legal sanctions against such entrant) if Sponsor determines in its sole discretion that a given person has engaged in egregious, blatant or repeated violations of the entry limit. Receipt of entry may be acknowledged 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 and possible legal sanctions. 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 Drizly account used to place the order (for Entry Method No. 1) or from which the entry is submitted (for Entry Method No. 2) 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 submitted e-mail address.
If you choose to enter the Sweepstakes by using a mobile device (including use of the Drizly app): Message and data rates 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.
5. Prize: One (1) Grand Prize will be awarded. Winner will receive one (1) house “party" for up to four (4) hours to include one (1) visit from Lil Dicky† (a.k.a. David Andrew Burd) at winner's residence for winner and up to 30 guests**. (For the avoidance of doubt, Lil Dicky will not be in attendance for the entire duration of party.) Prize includes party set-up and clean-up, food and beverages‡. Winner will choose a date between September 15-24, 2017 for party subject to Sponsor's approval in its sole discretion. (Winner may not receive his/her first choice of date for party.) Sponsor will select an alternate location near winner's residence should Sponsor determine in its sole discretion that winner's residence is unsuitable for the house “party" for any reason. Should party last for fewer than four (4) hours, Sponsor will not have any liability of any kind. Winner's guests must be 21 years of age or older to attend the party and must provide valid government-issued photo identification as proof of age in order to gain admittance to the party and provide their own transportation to and from party; and, should Sponsor representatives determine in their sole discretion that any of winner's guests have not furnished acceptable valid government-issued photo identification, such guest(s) will be denied admittance to the party and Sponsor will have no liability in conjunction therewith. All unspecified expenses are the sole responsibility of the winner. Additional restrictions apply.
Prize will only be available between September 15 – 24, 2017. If winner is not able to accept party during such time period for any reason, prize will be forfeited without compensation and an alternate winner selected, time permitting.
†Participation of Lil Dicky is subject to his availability and professional commitments. Should Lil Dicky be unavailable for any reason, Sponsor's sole liability will be to award the prize as set forth above except for the participation of Lil Dicky. Lil Dicky may pose photographs with winner and guests and/or sign autographs in his sole discretion.
**If winner has fewer than 30 guests attend the party for any reason (including guest[s] failing to furnish acceptable valid government-issued photo identification), Grand Prize will be modified by Sponsor so as to be appropriate for the actual number of guests in attendance; and, in such event, no compensation or additional prize will be awarded.
‡Menu and all other elements of party will be determined by Sponsor in its sole discretion. Sponsor will attempt to accommodate the dietary restrictions of winner and guests in establishing menu subject to winner giving Sponsor notice of same at time of prize acceptance. However, Sponsor expressly disclaims any and all liability in conjunction with the suitability of the menu (as well as all other elements of party.)
Winner and guests must conduct themselves at all times in a socially responsible, appropriate and well-behaved manner (including but not limited to their interaction with Lil Dicky); failure to do so will result in immediate termination of prize for winner and Sponsor shall have no further liability or obligation to winner.
No other prize will be awarded. Should actual value of Grand Prize be less than the stated Approximate Retail Value, winner will not receive the difference in cash or otherwise.
Total Approximate retail value of prize is up to $8,000.00
6. Winner Determination/Odds: Winner will be determined in a random drawing on or about August 30, 2017 by Drizly, Inc., a third party judging agency (also referred to as “Administrator") whose decisions (along with those of Sponsor) will be final in all matters relating to this Sweepstakes. Odds of winning will be determined by the total number of eligible entries received. The winner will be notified by e-mail or phone (specific method[s] of notification being of Sponsor's sole choosing as well as depending upon method of entry) on or about August 30, 2017 and will be required to sign an affidavit of eligibility, liability release and publicity release within two (2) days of notification or prize will be forfeited and may be awarded to another winner at Sponsor's sole discretion, time permitting. 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, time permitting.
7. General Conditions: 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. 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, 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. All costs and expenses associated with prize acceptance and use that are not specified herein are the sole responsibility of the winner. 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 a 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 the 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.
8. Releases: By participating, entrant indemnifies, releases and agrees to hold harmless (a) Mark Anthony Brands Inc., Drizly Inc., and Dirty Burd, Inc., their parent companies, subsidiaries, divisions, affiliates, prize suppliers, and advertising and promotion agencies; and (b) the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations; 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). Without limiting the foregoing, Mark Anthony Brands Inc. makes no representation, warranty or guarantee of any king regarding the prize; this includes but is not limited to the warranty of merchantability or fitness for intended purpose. Except where prohibited by law, acceptance of prize constitutes winner's agreement to the use of his/her name, address (city, state), likeness, voice, photograph or other indicia of persona and/or statements regarding the Sponsor or the Sweepstakes for advertising, publicity and trade purposes by Sponsor and its designees, without further compensation or any notice or approval of any kind. The preceding may include but is not limited to audio or video recording of the party.
9. Caution: ANY ATTEMPT BY A PERSON TO DELIBERATELY 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.
10. Improper Conduct: Sponsor, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award the Prize if entrant engages in any conduct Sponsor deems to be improper, unfair, otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or prize claim, violating any term or condition stated here, entering via automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of entering, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs/technology in connection with this Sweepstakes. Entrants agree that Sponsor may void Prize that entrant may have won and/or require the return of Prize (or its value) that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of Prize and/or return of Prize shall in no way prevent Sponsor and perhaps Administrator and/or Dirty Burd, Inc., from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
11. Sponsor's Rights: Sponsor reserves the right, in its sole discretion, to cancel, abbreviate, or suspend this Sweepstakes should it be compromised by computer virus, program bugs, non-authorized human intervention or other causes beyond the control of the Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, without any compensation or liability to any entrant. Sponsor is not responsible for any typographical, technical, or other error in the printing of the offer, administration of the promotion or in the announcement of the prize. In the event there is a discrepancy or inconsistency between the disclosures or other statements contained in any sweepstakes materials and the terms and conditions of the official rules, the official rules shall prevail, govern and control.
Sponsor and Administrator assume no responsibility for any damage to an entrant's, or any other person's, mobile device (or data/information stored therein) which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor and Administrator are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The preceding expressly includes but is not limited to any communications sent by or sent to Sponsor or Administrator which are not properly and timely received and accessible by Sponsor or Administrator (as the case may be) for any reason. Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is modified, terminated or suspended, Administrator will select the winner from all eligible, non-suspect entries received prior to Sponsor's action in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Only the type and quantity of prizes described in these Official Rules are available to be won in the Sweepstakes. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. 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.
13. Winner's' List: For winner's information, please send a self-addressed stamped envelope to “Drink on the Bright Side Party Sweepstakes", 328 S. Jefferson Street, Suite 1050, Chicago, IL 60661. All requests must be received by September 25, 2017. Winner's list will be available after September 25, 2017.
Sponsor: Mark Anthony Brands Inc., Chicago, IL 60661
Administrator: Drizly, Inc., Boston, MA 02116
© 2017 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.®