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White Claw® Hard Seltzer Something In The Water Surfboard Social Media 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 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID IN ALASKA, HAWAII AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. 

  1. Eligibility: The White Claw® Hard Seltzer *Something In The Water Surfboard Social Media Sweepstakes is open only to legal residents of the 48 Contiguous United States and the District of Columbia who are 21 years of age or older at the time of entry. Void elsewhere 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 enter the Sweepstakes or win the Prize: Mark Anthony Brands Inc. (“Sponsor”), Something In The Water, LLC, Dathan Kane, and (as applicable) their respective parent companies, subsidiaries, divisions, affiliates, prize suppliers (including the management and representation of Dathan Kane), 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. *Sweepstakes is not authorized, sponsored, administered by or offered in association with Something In The Water, LLC or its affiliates; “Something In The Water” is used herein solely for reference purposes. All federal, state and local laws apply. 

    This Sweepstakes is separate and apart from the White Claw® Hard Seltzer Skateboard Sweepstakes offered by Sponsor at the 2023 Something In The Water Festival in Virginia Beach, Virginia. Attendance at the Something In The Water Festival is NOT required to enter this Sweepstakes and will not affect your odds of winning the prize. Those persons who do attend the Something In The Water Festival may enter this Sweepstakes.

  2. Sweepstakes Period: Sweepstakes begins at or after 12:00:01 a.m. Eastern Time (“ET”) on April 27, 2023 and ends at 11:59:59 p.m. ET April 30, 2023. Actual start time of Sweepstakes on April 27, 2023 depends on when the White Claw® Hard Seltzer Something In The Water Surfboard Sweepstakes post is made to the official White Claw Instagram page, as discussed below.

  3. 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 https://help.instagram.com/). (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.

    Entrants can enter the Sweepstakes during the Sweepstakes Period as follows:

    Access the official White Claw® Instagram page at https://www.instagram.com/whiteclaw/ (@whiteclaw). To enter, you must follow @whiteclaw and comment with a surfing emoji (🏄) as well as #WhiteClawSweepstakes to Sponsor’s White Claw® post.

    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 the Privacy Policy of Instagram (found at https://privacycenter.instagram.com/policy/?entry_point=ig_help_center_data_policy_redirect).

  4. Submission Guidelines
    Do not copy (in whole or in part) someone else’s comment.

    Comment will not result in entry if:

    • If comment is posted anywhere on Instagram OTHER THAN in response to the White Claw® Hard Seltzer Something In The Water Surfboard Social Media Sweepstakes post on @whiteclaw (e.g., on one’s own Instagram account, the Instagram account of Something In The Water, LLC or the Instagram account of Dathan Kane);
    • If comment does not include a surfing emoji;
    • If comment does not include #WhiteClawSweepstakes;
    • If comment includes any content in addition to surfing emoji (e.g., other emojis or a statement of any kind).

  5. Entry Restrictions: Limit one (1) entry per entry method per person per day** regardless of the number of e-mail accounts or Instagram accounts that a person has, for a maximum of ten (10) entries per day**. **A “day” is defined as 12:00:00 a.m. ET – 11:59:59 p.m. ET, except for April 27, 2023 which begins at 12:00:01 a.m. ET.  Violation of this entry limit will result in only the initial entry received on a given day 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 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. 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.

    Message and data rates may apply. You may be charged by your wireless carrier for entering the Sweepstakes. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE entering the Sweepstakes. Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas. 

  6. Prize: One (1) Prize is available to be awarded. Winner will receive one (1) Custom Painted Surfboard created and signed by artist, Dathan Kane. Winner will not receive a certificate of authenticity. Winner may display surfboard or actually use it for surfing as he/she wishes. Actual prize may differ from any image of same in Sweepstakes advertising (including the White Claw® post) and Sponsor disclaims any liability in conjunction therewith. Approximate Retail Value of Prize is $900.00. (Approximate Retail Value does not reflect re-sale value of Surfboard.)

    Alcohol beverages are not part of the prize. Prize will only be shipped/awarded to verified winner with a street address within the 48 Contiguous United States or District of Columbia. All costs and expenses associated with prize acceptance and use that are not specified herein are the sole responsibility of the winner (e.g., property insurance or any material/apparatus to be used to display Prize); 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 prize is declined by a winner, no alternate prize or compensation will be awarded in conjunction therewith.

    Winner further expressly acknowledges that if he/she decides to use the surfboard that use of a surfboard involves an inherent risk of drowning, dismemberment, paralysis or other bodily harm or other injury or even death which may be caused by myriad factors including but not limited to weather conditions; waves; riptides; exposure to sun, rain and/or wind; other surfers; boat traffic; sea bed; and animals. In accepting the Prize, winner assumes any and all such risks to the fullest extent permitted by law. Winner further understands that it is his/her sole responsibility, prior to using the surfboard, to review applicable regulations and to take any and all necessary safety precautions including evaluating water and weather conditions as well as wave heights; when surfing, having the surfboard attached to him/her with a leash; when surfing, doing so only in designated areas and with wave heights appropriate to his/her experience level and competence as a surfer; and surfing with a buddy.

  7. Winner Determination/Odds: Winner will be determined via random drawing on or about May 1, 2023, 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. Potential winner will be notified by direct message from @whiteclaw on or about May 1, 2023. BE SURE THAT YOUR INSTAGRAM SETTINGS ALLOW FOR @whiteclaw TO CONTACT YOU VIA DIRECT MESSAGE INCLUDING SETTING YOUR INSTAGRAM PROFILE TO “PUBLIC.” Potential winner will be required to sign an Affidavit of Eligibility, Liability and Publicity Release (where lawful) within five (5) 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 winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation.    

  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 a prize 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. By accepting the prize, 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. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of the prize.

    Taxes on the prize are winner’s sole responsibility. Winner will be issued W-9 IRS Tax Form with the Affidavit of Eligibility, Liability and Publicity Release and a subsequent 1099 IRS Form as the value of the prize exceeds $600. Upon receipt of the prize, 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 this Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR AND ITS DESIGNEES (INCLUDING DATHAN KANE) 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 THE PRIZE (IF ANY) ARE THOSE OF THE MANUFACTURER OF THE SURFBOARD.

  9. Releases: By participating, entrant indemnifies, releases and agrees to hold harmless (a) Mark Anthony Brands Inc., Something In The Water, LLC,  the management and representation of  Mr. Dathan Kane (and Mr. Kane personally), each of their designees and (as applicable) each of their respective parent companies, subsidiaries, divisions, affiliates, and advertising and promotion agencies; (b) the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations; and (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 the prize (as applicable).

  10. 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 mobile device/computer (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.)

  11. 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 winner 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.

  12. 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.

  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 prize described in these Official Rules (i.e., one [1] Prize) is 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. 

  14. 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.

  15. Winner List: For name of winner, please send a self-addressed stamped envelope to “WC Something In The Water Surfboard Social Media Sweeps”, 167 N. Green Street, 6th Floor, Chicago, IL 60607. All requests must be received by June 5, 2023. Winner’s name will be available after June 19, 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.