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White Claw® Hard Seltzer Snowboard Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  This SWEEPSTAKES 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 entry. Void wherEVER prohibited or restricted by law. 

  1. Eligibility: This Sweepstakes 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 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 win a Prize (whether as a winner or the tagged friend of a winner, as discussed below): Mark Anthony Brands Inc. (“Sponsor”), Sundance Institute (the “Institute”), Joseph Toney, and (as applicable) each of their respective 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 (as well as tagged friends of 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. 

Mark Anthony Brands Inc. is a supporter of the Sundance Institute.

  1. Sweepstakes Period: Sweepstakes begins at or after 12:00:01 a.m. Eastern Time (“ET”) on January 19, 2023 and ends at 11:59:59 p.m. ET January 29, 2023. Actual start time of Sweepstakes on January 19, 2023 depends on when the White Claw® Hard Seltzer Snowboard Sweepstakes post is made to the official White Claw Instagram page, as discussed below.
  1. How to Enter: An Instagram account is required for Sweepstakes entry. 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 http://www.instagram.com/about/legal/terms). (To use Instagram, a compatible mobile device is required to download the Instagram “app.”) The promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.

Access the official White Claw® Instagram page at https://www.instagram.com/whiteclaw/ (@whiteclaw). To enter, you must follow @whiteclaw and tag at least one (1) friend who is a legal U.S. resident, 21 years of age or older (and otherwise meets the eligibility requirements in Rule 1 above), personally known to you and who you believe is interested in White Claw® Hard Seltzer. In addition, you must have obtained friend’s consent beforehand. Be sure to also include #WhiteClawSundance #Sweepstakes when posting a comment, so as to signify that you are entering a promotional sweepstakes sponsored by Mark Anthony Brands Inc. in support of its White Claw® Hard Seltzer products. MARK ANTHONY BRANDS, INC. IS DIRECTLY RELYING ON THE ENTRANT’S REPRESENTATION THAT HIS/HER TAGGED FRIEND IS 21 YEARS OF AGE OF OLDER; IF MARK ANTHONY BRANDS, INC. DETERMINES THAT THIS IS NOT ACCURATE, MARK ANTHONY BRANDS, INC. WILL DISQUALIFY THE ENTRANT FROM THE SWEEPSTAKES, PROHIBIT HIM/HER FROM PARTICIPATING IN FUTURE PROMOTIONS OFFERED BY MARK ANTHONY BRANDS INC. AND OTHERWISE SEEK TO PROTECT ITS LEGAL RIGHTS.

Sponsor assumes no responsibility for lost, late, damaged, stolen, misdirected, illegible, incomplete, inaccessible,  incorrect, or garbled entries or other Sweepstakes materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted. All entries become the property of Sponsor and will not be returned.  Information collected in connection with this Sweepstakes 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 Meta Platforms, Inc. Privacy Policy (found at https://privacycenter.instagram.com/policy/?entry_point=ig_help_center_data_policy_redirect).

  1. Submission Guidelines:

Comment must tag at least one (1) friend as per Rule 3 above; if comment tags no friend, no entry will be received. If a comment tags more than one (1) friend, the comment will only result in entry if each of the tagged friends satisfies all criteria set forth in Rule 3 above; and, as discussed below, only one (1) of the tagged friends will be randomly selected to receive a prize if entry is a winning entry. (But, the number of friends tagged in comment will not affect an entrant’s odds of winning.) If comment is posted anywhere on Instagram OTHER THAN in response to the White Claw® Hard Seltzer Snowboard Sweepstakes post on @whiteclaw (e.g., on one’s own Instagram account, the Instagram account of Institute or the Instagram account of Joseph Toney) such comment will not result in entry. If comment does not include #WhiteClawSundance #Sweepstakes, such comment will not result in entry. If a comment includes content in addition to the tagged friend(s), it will also not result in entry if it is determined by Sponsor in its sole discretion not to be in compliance with the following Content Restrictions. Including such additional content is purely optional and will not affect your odds of winning, provided that it is in compliance with the Content Restrictions.

Content Restrictions:

  1. The comment must be original; that is, comment must not violate the trademark, copyright, right of privacy, right of publicity or other rights of any third party (this includes but is not limited to obtaining the consent of tagged friend(s) beforehand, as discussed above);
  2. The comment must not be inappropriate, obscene, or otherwise unfit for publication (e.g., comment includes hate speech [including without limitation sexist or misogynist content], profanity, advocate violence, drug use or any illegal act);
  3. The comment must be relevant to the White Claw® Hard Seltzer Snowboard Sweepstakes post;
  4. The comment must not adversely affect the business reputation or goodwill of Mark Anthony Brands Inc., its White Claw® Hard Seltzer products, Institute, and the Sundance Film Festival;
  5. The comment must not disparage or defame Mr. Joseph Toney or his work;
  6. The comment must not reference persons consuming alcohol beverages;
  7. The comment 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);
  8. The comment must not reference persons who are not of legal drinking age;
  9. The comment must not include any content that may be of appeal to persons who are not of legal drinking age.

Subject only to the rights retained by Meta Platforms, Inc. (to the extent 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 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.

INSTAGRAM COMMENTS/ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR, INSTITUTE OR MR. JOSEPH TONEY IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST COMMENTS TAGGING AT LEAST ONE (1) FRIEND (AND PERHAPS INCLUDING ACCOMPANYING CONTENT); AND, SPONSOR AS WELL AS INSTITUTE AND MR. JOSEPH TONEY DISCLAIM 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, INSTITUTE AND MR. JOSEPH TONEY WILL NOT EDIT OR MODIFY COMMENTS POSTED FOR THE SWEEPSTAKES IN CONJUNCTION WITH ADMINISTRATION OF THIS SWEEPSTAKES. 

  1. Entry Restrictions: Limit one (1) entry per person, family, household or address. (But, a person may enter him/herself AND be the tagged friend of one or more other entrants). Violation of this entry limit will result in only the initial entry received 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. For clarity, disqualification of an entrant will not affect the ability of other entrant(s) to tag him/her as a friend in their entries; but, in such case, the disqualified entrant cannot receive a prize as the tagged friend of a prize winner. 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 on @whiteclaw 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 Instagram account used to enter the Sweepstakes as of date of entry.  In the event of a dispute over the identity of a tagged friend of an entrant, the tagged friend will be deemed to be the Authorized Account Holder of the e-mail account associated with the Instagram account attributed to the tagged friend in the 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 Instagram account used to participate in the Sweepstakes either as an entrant or a tagged friend of an entrant.

Message and data rates may apply. You may be charged by your wireless carrier for participating in the Sweepstakes. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE participating in the Sweepstakes either as an entrant or a tagged friend of an entrant. Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas. 

  1. Prizes: one (1) Custom Designed Joseph Toney White Claw® Branded Snowboard. Approximate Retail Value of each Prize is $550.00. Two (2) winners will be selected. Winner will receive one (1) Prize and the friend tagged in his/her winning entry will also receive a Prize. Four (4) prizes in total will be offered as Prizes in the Sweepstakes.

Alcohol beverages are not part of the prize. Actual prize may differ from images of same in Sweepstakes advertising and Sponsor disclaims any liability in conjunction therewith. A prize will only be shipped to a verified winner with a street address within the 50 United States or the District of Columbia. All costs and expenses associated with a prize acceptance and use that are not specified herein are the sole responsibility of each person receiving a prize (either as a winner or a tagged friend of a winner); a 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 or tagged friend of a winner, no alternate prize or compensation will be awarded in conjunction therewith.

Total Approximate Retail Value of all Prizes is $2,200.00.

  1. Winners Determination/Odds: Winners will be determined in a random drawing on or about January 30, 2023 by Sponsor whose decision will be final in all matters relating to this Sweepstakes. Odds of winning for an entrant 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, to the extent applicable], such content will not be taken into account in the winners selection procedure.) Odds of winning for a tagged friend of an entrant will be determined by the total number of eligible entries received. Should potentially winning entry include more than one (1) tagged friend, Sponsor will conduct a random drawing from among all tagged friends to select one who will receive a prize. In such case, odds of winning for tagged friend depend on the number of tagged friends included in corresponding potentially winning entry. Potential winners (and tagged friends of winners) will be notified by direct message on or about January 30, 2023. IT IS THE INDIVIDUAL’S RESPONSIBILITY TO ASSURE THA HIS/HER INSTAGRAM PRIVACY SETTINGS ALLOW FOR @whiteclaw TO NOTIFY HIM/HER VIA DIRECT MESSAGE. Potential winners/tagged friends of winners will be required to sign an Affidavit of Eligibility, Liability and Publicity Release (where lawful) within three (3) business days of date indicated on notification materials. The Affidavit for a potential winner will include a representation that such potential winner secured the consent of his/her friend(s) before tagging friend(s) in a potential winner’s entry. The Affidavit for a tagged friend of a potential winner will include a representation that such tagged friend provided his/her consent to the potential winner before being tagged in potential winner’s entry. In the event of noncompliance with this requirement or if a potential winner/tagged friend of a potential winner cannot be contacted for any reason, the prize will be forfeited without compensation of any kind. If prize is forfeited by potential winner, an alternate winner may be selected; but, if prize is forfeited by tagged friend of potential winner, an alternate winner will not be selected unless winning entry contains multiple tagged friends in which case an alternate winner may be selected from among such remaining tagged friend(s).

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

  1. 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. Limit of one (1) prize per family, household or address (whether as winner or tagged friend of winner). No prize substitution except at Sponsor’s sole discretion due to unavailability for any reason and only then for 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 the prize are each winner’s sole responsibility. By accepting a prize, a winner/tagged friend of winner waives the right to assert as a cost of winning a prize, any and all costs of redemption or travel to redeem a prize and any and all liability that might arise from redeeming or seeking to redeem a prize. Each winner/tagged friend of winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of a prize.

Taxes on a prize are each winner’s/tagged friend of winner’s sole responsibility. Upon receipt of a prize, each winner/tagged friend of 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 a prize furnished in connection with this Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, A PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR AND ITS DESIGNEES (INCLUDING INSTITUTE) HEREBY DISCLAIM 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 A PRIZE (IF ANY) ARE THOSE OF PRIZE SUPPLIER. ENTRANTS FURTHER UNDERSTAND AND AGREE THAT THE SPORT OF SNOWBOARDING CARRIES AN INHERENT RISK OF INJURY, DISMEMBERMENT OR EVEN DEATH. ENTRANT/TAGGED FRIEND OF ENTRANT MUST ASSUME ALL SUCH RISKS PRIOR TO ENGAGING IN THE SPORT OF SNOWBOARDING.

  1. Releases: By participating, entrant as well as tagged friend of entrant each indemnifies, releases and agrees to hold harmless (a) Mark Anthony Brands Inc., Institute, Joseph Toney, each of their designees, and (as applicable) each of their respective 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; (c) Meta Platforms, 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 a prize (as applicable).
  1. 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, tagged friend’s or to any other 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 Sweepstakes; (d) entries 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 entries regardless of cause (and, all such entries are void.)
  1. 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, pandemic/epidemic, 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 winners (including tagged friends of winners) from among all eligible entries received for the random drawing 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 White Claw® Instagram page.
  1. Tampering: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES OR TO DEFRAUD SPONSOR IN CONJUNCTION WITH THE 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.
  1. 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 prizes. 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/tagged friend of 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 (i.e., four [4] Prizes) are available to be won in the Sweepstakes. 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. 
  1. 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/tagged friend of 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 participating in 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.
  1. Winners List: For winners list (including both winners and tagged friends of winners), please send a self-addressed stamped envelope to “WC Snowboard Sweepstakes”, 167 N. Green Street, 6th Floor, Chicago, IL 60607. All requests must be received by March 16, 2023. Winners’ list will be available after March 20, 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.