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White Claw® Hard Seltzer CLAW™ Clash Promotion

Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AT TIME OF PARTICIPATION. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Eligibility:

The White Claw® Hard Seltzer CLAW™ Clash Promotion is open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older at the time of participation. Void 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 participate in the Promotion or win a prize: Mark Anthony Brands Inc. (“Sponsor”), its parent company, subsidiaries, divisions, affiliates, prize suppliers, advertising and promotion agencies (including VCCP Limited), as well as alcohol beverage licensees (i.e., alcohol beverage suppliers, importers, wholesalers, distributors and retailers). By participating in the Promotion, persons agree to abide by and be bound by these Official Rules and the decisions of Sponsor and Administrator (an independent judging organization) which shall be final and binding in all respects. All federal, state and local laws apply.

2. Overview:

The Promotion consists of three (3) separate challenges, each of which will be offered between 12:00:00 a.m. Eastern Time (ET) and 11:59:59 p.m. ET on the corresponding day as follows:

  • Flavor Chant | Tuesday, March 14, 2023
  • Kiss Cam | Wednesday, March 15, 2023
  • Shoot to Score | Friday, March 17, 2023

The Promotion will be dormant and inactive between Challenges. Posted content for a given Challenge will only be accepted on the applicable date for that Challenge.

An Instagram account is required for participation in the Promotion. An Instagram account may be opened for free, subject to the Terms of Instagram including but not limited to Instagram's Terms of Use (found at https://help.instagram.com/). (To use Instagram, a compatible mobile device is required to download the Instagram “app.”) A public Instagram account must be used for participation in the Promotion.

Information collected in connection with this Promotion will be used in accordance with Sponsor's Privacy Policy found at https://www.whiteclaw.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 Instagram (found at https://privacycenter.instagram.com/policy).

The promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.

3. How to Participate:

  • In General:
    • To participate in a given Challenge, you must post certain specified content in the prescribed manner.
      • Before engaging in any Challenge, you must follow the official White Claw® Instagram page at @whiteclaw.
      • Any content posted MUST include #CLAWClashContest. If omitted, posting such content will not count for the applicable Challenge.
      • A given person may only use one (1) Instagram handle/account to participate in the Promotion. In the event of a dispute over the identity of a participant, content will be deemed to be posted by the Authorized Account Holder of the e-mail account associated with the Instagram account used for such posting as of the date of participation. 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 Instagram account used to participate in the Promotion.
      • Proof of posting content does not constitute proof of receipt of same. Even if posted, content may not count for the applicable Challenge.
      • Any acknowledgement of receipt of posted content (including any message posted by Sponsor regarding such posted content) is not otherwise binding upon Sponsor.
      • Contemporaneously with conducting the Promotion, Sponsor will ask visitors to @whiteclaw to vote for their favorite flavor of WHITE CLAW® Hard Seltzer. Voting for a favorite flavor is optional and has no bearing on one's participation in the Promotion.
      • If posted content is determined by Sponsor in its sole discretion not to be in compliance with the Content Restrictions set forth in subsection C below, such content will not count for the applicable Challenge.
  • Challenges:
    1. Flavor Chant: In response to the post on @whiteclaw, post your cheer for your favorite flavor WHITE CLAW® Hard Seltzer. Choice of flavor will not affect your ability to participate or odds of winning a prize. (If posted anywhere else [e.g., your own Instagram account], cheer will not count for the Challenge.)
    2. Kiss Cam: Post on your Instagram account a photo or video of you kissing a can of WHITE CLAW® Hard Seltzer or any other beverage. (If posted anywhere else [e.g., @whiteclaw], photo will not count for the Challenge.)
    3. Shoot to Score: Post on your Instagram account a photo or video of you shooting an empty can of WHITE CLAW® Hard Seltzer or any other beverage into a recycling container. (If posted anywhere else [e.g., @whiteclaw], photo will not count for the Challenge.)
  • Content Restrictions:
    • Content must be original; that is, content must not violate the trademark, copyright, right of privacy, right of publicity or other rights of any third party. (Copying, in whole or in part, any content previously posted by another person will not count for the applicable Challenge.)
    • Content must not be inappropriate, obscene, or otherwise unfit for publication (e.g., content cannot include hate speech, profanity, advocate violence, drug use or any illegal act). Without limitation, Kiss Cam Challenge photo cannot be sexually suggestive.
    • Content must relate to the corresponding Challenge. If content is posted for the “wrong” Challenge/on the "wrong” day (e.g., cheer is posted for the Shoot to Score Challenge on March 19), it will not count.
    • Content must not show, advocate or reference any reckless or dangerous behavior or illegal conduct of any kind.
    • Content must be truthful. For Flavor Chant Challenge, the cheer must reflect your honest opinions regarding your favorite WHITE CLAW® Hard Seltzer flavor. For Kiss Cam Challenge, you must have actually kissed the can as shown in the photo. For Shoot to Score Challenge, you must have actually deposited an empty can in a recycling container.
    • Do not include any personally identifiable information (e.g., e-mail address, residential address or telephone number) in content.
    • Each posting of content must be unique. Posting the same content multiple times will result in all content being voided and possible disqualification from the Promotion should Sponsor deem violation of this restriction to be egregious, repeated or blatant in its sole discretion.
    • Content must not show or reference persons consuming alcohol beverages.
    • Content must not state or imply 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).
    • Content must not show or reference persons who are not of legal drinking age.
    • Content must not be of appeal to persons who are not of legal drinking age.
    • Content must not adversely affect the business reputation or goodwill of Mark Anthony Brands Inc., its WHITE CLAW® Hard Seltzer products.
    • Subject only to the rights retained by Meta Platforms, Inc. (to the extent 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 the posted 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 posted content pursuant to U.S. law. 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.
    • ALL POSTED CONTENT REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE PARTICIPANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST CONTENT IN RESPONSE TO THE VARIOUS CHALLENGES; AND, SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME, INCLUDING BUT NOT LIMITED TO ANY RESPONSIBILITY FOR MODERATING, MONITORING OR REVIEWING CONTENT POSTED BY PARTICIPANTS. SPONSOR WILL NOT EDIT OR MODIFY CONTENT POSTED FOR THE PROMOTION IN CONJUNCTION WITH ADMINISTRATION OF THE PROMOITON.
  • Additional Restrictions:
    • In all cases, content must be posted manually by Participant. Use of any script, macro, robotic, programmed or like means and/or the use of any third party entity (e.g., commercial promotion service or club) to post content is strictly prohibited and will result in automatic disqualification as well as possible prohibition from participating in future promotions offered by Sponsor and constitutes tampering as per Section 11 below.
    • Message and data rates may apply. You may be charged by your wireless carrier for participating in the Promotion. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE participating in the Promotion. Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas.
    • Sponsor assumes no responsibility for lost, late, damaged, stolen, misdirected, illegible, incomplete, inaccessible, incorrect, or garbled content or other Promotion 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.

    • 4. Prizes

    Challenge 1 - Flavor Chant: One (1) Prize is available to be awarded. Winner will receive a WHITE CLAW® duffel bag, water bottle and sweatband. (Prize must be accepted in its entirety or declined.) Approximate Retail Value of Prize is $115.00.

    Challenge 2 - Kiss Cam: One (1) Prize is available to be awarded. Winner will receive a WHITE CLAW® tracksuit. Approximate Retail Value of Prize is $217.39.

    Challenge 3-Shoot to Score: One (1) Prize is available to be awarded. Winner will receive a pair of WHITE CLAW® sneakers. Approximate Retail Value of Prize is 120.00.

    Grand Prize MVP: One (1) Prize is available to be awarded. Winner will receive a WHITE CLAW® basketball and hoop. Approximate Retail Value of Prize is $410.00.

    Total Approximate Retail Value of all Prizes is $752.30.

    Actual prize may differ from any image of same in Promotion advertising and Sponsor disclaims any liability in conjunction therewith. For Challenge 2 and 3 prizes, size of apparel/footwear is subject to availability.

    Alcohol beverages are not part of any prize.

    Prizes will only be shipped/awarded to verified winner with a street address within the 50 United States or District of Columbia. If a given participant wins more than (1) prize, each Prize may be shipped separately.All costs and expenses associated with a prize acceptance and use that are not specified herein are the sole responsibility of a winner. Prize delivery may be affected by U.S. Federal/State/County/Local health restrictions and/or other conditions arising from or related to the COVID-19/Coronavirus pandemic. If a prize is declined by a winner, no alternate prize or compensation will be awarded.

    5. Winners' Determination/Odds:

    The winner for each of the three (3) Challenges will be determined based on number of times that participants post eligible content during the corresponding period for that Challenge as per Section 2 above. The winner of the Grand Prize/MVP will be determined based on the number of times that participants post eligible content cumulatively for all three (3) Challenges as per Section 2 above. In the event of a tie (where more than one [1] participant posts the highest number of posts of eligible Content for a given Challenge or overall), the tie will be broken via random drawing with each tied participant receiving one (1) entry in same. The winner determination procedure will be implemented by Administrator, an independent judging agency, whose decisions will be final in all matters relating to this Promotion. Odds of winning will be determined by the frequency of a given participant posting eligible content for a given Challenge (for the Grand Prize/MVP, over the course of all three [3] Challenges) as compared to other participants. But, should there be a tie for a given Challenge (for the Grand Prize/MVP, over the course of all three [3] Challenges), the odds of winning will also be determined by the total number of tied participants for such Challenge or overall as the case may be. In all cases, as long as the posted content is in compliance with these Official Rules (including the Content Restrictions set forth in Section 3C above), the nature or quality of such content will not be taken into account in determining winners in the Promotion.

    Potential winners will be notified by direct message from @whiteclaw on or about the following dates:

    • Flavor Chant | Approx. Date of Notification: Wednesday, March 15, 2023
    • Kiss Cam | Approx. Date of Notification: Thursday, March 16, 2023
    • Shoot to Score | Approx. Date of Notification: Monday, March 20, 2023
    • Grand Prize/MVP | Approx. Date of Notification: Tuesday, March 21, 2023

    Even if a participant is ranked highest in the final leader board for a given Challenge or overall (as the case may be), he/she is not a potential winner unless and until he/she has received a direct message to such effect from @whiteclaw. BE SURE THAT YOUR INSTAGRAM SETTINGS ALLOW FOR @whiteclaw TO CONTACT YOU VIA DIRECT MESSAGE INCLUDING SETTING YOUR PROFILE TO “PUBLIC.” Potential winners will be required to sign a Declaration of Eligibility, Liability and 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.

    Except where prohibited, acceptance of the prize constitutes a winner's consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation.

    6. Prize Restrictions:

    Participation in the Promotion constitutes a person’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 a prize of comparable value. A prize is not redeemable/exchangeable for cash. A 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 prize(s) are each winner’s sole responsibility. By accepting a prize, a winner waives the right to assert as a cost of winning the prize, any and all costs of redemption or travel to redeem the prize and any and all liability that might arise from redeeming or seeking to redeem the prize. A winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize(s).

    Taxes on prize(s) are each winner’s sole responsibility. Should a given participant win prizes with a cumulative value equaling/exceeding $600, he/she will be issued a W-9 IRS Tax Form with the Declaration of Eligibility, Liability and Publicity Release and a subsequent 1099 IRS Form. Upon receipt of prize(s), 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 this Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PRIZES ARE 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.

    7. Releases:

    By participating in the Promotion, a person indemnifies, releases and agrees to hold harmless (a) Mark Anthony Brands Inc., its parent company, subsidiaries, divisions, affiliates, prize suppliers, and advertising and promotion agencies (including VCCP Limited); (b) the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations; and (c) Meta Platforms, Inc. from any and all liability arising from participating in the Promotion, any Promotion-related activity and/or the acceptance, receipt, possession or use/misuse of the prize[s] (as applicable). Without limiting the foregoing, Mark Anthony Brands Inc. makes no representations, warranties or guarantees of any kind regarding any prize; this includes but is not limited to the warranty of merchantability or fitness for intended purpose. Except where prohibited by law, acceptance of the prize constitutes a 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 Promotion for advertising, publicity and trade purposes by Sponsor and its designees without further compensation or any notice or approval of any kind.

    8. Limitations of Liability:

    Sponsor's computer is the official clock for all purposes of the Promotion. Any leader board listing the number of times a given participant has posted eligible content may not be current at any given time and is subject to modification by Sponsor in its sole discretion so as to correct errors or make other necessary or appropriate adjustments, without liability of any kind to Sponsor or notification to participants. 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 Promotion 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 posted content; (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 any person’s mobile device (or any information/materials stored thereon) related to or resulting from downloading materials from any web site or participating in the Promotion; (d) posted content being inaccessible, irregular or defective in any respect due to filtering by or other operation of the functionality of Instagram; and (e) late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled e-mail transmissions or posted content regardless of cause (and, all such content is void.)

    9. Force Majeure:

    If the Promotion (or any part thereof) is not capable of running as originally planned for any reason beyond the control of Sponsor (e.g., natural disaster, pandemic/epidemic, unauthorized intervention, fraud, civil commotion), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and conduct the Promotion and select the winners 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 White Claw® Instagram page.

    10. Tampering:

    ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR TO DEFRAUD SPONSOR IN CONJUNCTION WITH THE PROMOTION 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 PROMOTION (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.

    11. Additional Conditions of Participation:

    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 prizes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, control and govern. If any posted content is lost, destroyed, corrupted, not properly recorded/recorded at all or inaccessible for any reason (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 (i.e., four [4] Prizes) are available to be won in the Promotion. 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.

    12. Disputes:

    This Promotion 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 Promotion, a person agrees (a) that any and all disputes regarding the Promotion 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 Promotion (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. Winners' List:

    For winners’ list, please send a self-addressed stamped envelope to “WC Claw Clash Winners”, 167 N. Green Street, 6th Floor, Chicago, IL 60607. All requests must be received by April 19, 2023. Winners’ list will be available after May 1, 2023.

    Sponsor: Mark Anthony Brands Inc., Chicago, IL

    All Registered Trademarks, used under license by White Claw Seltzer Works, Chicago, IL. Nutritional information available at whiteclaw.com

    PLEASE DRINK RESPONSIBLY. HARD SELTZER WITH FLAVORS.