White Claw^® Hard Seltzer x Tombogo™ Collection Social Media Giveaway

OFFICIAL RULES

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  This SWEEPSTAKES is open only to legal U.S. 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: The White Claw^® Hard Seltzer x Tombogo™ Collection Social Media Giveaway is open only to legal U.S. 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 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 Giveaway (by entering themselves or being the tagged friend of an entrant) or win a Prize: Mark Anthony Brands Inc. (“Sponsor”), Tombogo LLC and, as applicable, each of their parent companies, subsidiaries, divisions, affiliates, prize suppliers, advertising and promotion agencies (including VCCP Limited and HP2 Promotions), as well as alcohol beverage licensees (i.e., alcohol beverage suppliers, importers, wholesalers, distributors and retailers). By participating in the Giveaway, entrants (as well as tagged friends of entrants) agree to abide by and be bound by these Official Rules and the decisions of Sponsor and VCCP Limited and HP2 Promotions (the independent judging organizations) which shall be final and binding in all respects. All federal, state and local laws apply.  

2. Giveaway Period: Giveaway begins at or after 12:00:01 a.m. Eastern Time (“ET”) on January 15, 2024 and ends at 11:59:59 p.m. ET on January 20, 2024. Actual start time of Giveaway on January 15, 2024 depends on when the WHITE CLAW^® Hard Seltzer x Tombogo™ Collection Social Giveaway post is made to the official WHITE CLAW^® Instagram page, as discussed below.

3. How to Enter: To participate in the Giveaway, you must have internet access, and an Instagram account is required (which is set to public) for Giveaway entry. If you do not have an Instagram account, an Instagram account may be opened for free at https://www.instagram.com, 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 Giveaway during the Giveaway Period as follows:

Access the official White Claw^® Instagram page at https://www.instagram.com/whiteclaw/ (@whiteclaw). To enter, you must follow @whiteclaw and @tombogo (if you do not already), like the WHITE CLAW^® Hard Seltzer x Tombogo™ Collection Social Giveaway post, and tag at least two (2) friends each of whom 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 products. In addition, you must have obtained each friend’s consent beforehand. Be sure to also include #WhiteClawGiveaway when posting a comment, so as to signify that you are entering a promotional Giveaway 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 EACH OF HIS/HER TAGGED FRIENDS 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 Giveaway 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 Giveaway 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:

Comment must tag at least two (2) friends as per Rule 3 above; if comment tags less than two (2) friends, no entry will be received. If a comment tags more than two (2) friends, the comment will only result in entry if each of the tagged friends satisfies all criteria set forth in Rule 3 above. (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 x Tombogo™ Collection Social Giveaway post on @whiteclaw or @tombogo (e.g., on one’s own Instagram account) such comment will not result in entry. If comment does not include #WhiteClawGiveaway, 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 friends 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 x Tombogo™ Collection Social Giveaway post;
4. The comment must not adversely affect the business reputation or goodwill of Mark Anthony Brands Inc., its WHITE CLAW^® products;
5. The comment must not reference persons consuming alcohol beverages;
6. 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);
7. The comment must not reference persons who are not of legal drinking age;
8. The comment must not include any material 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 IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST COMMENTS TAGGING AT LEAST TWO (2) FRIENDS (AND PERHAPS INCLUDING ACCOMPANYING CONTENT); AND SPONSOR 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 GIVEAWAY IN CONJUNCTION WITH ADMINISTRATION OF THIS GIVEAWAY. 

5. Entry Restrictions: Limit one (1) entry per person, family, household or address during the Giveaway Period regardless of the number of Instagram accounts that a person has. (But, a person may enter him/herself AND be a tagged friend of one or more other entrants). 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 Giveaway 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. 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 @whiteclaw in response to comment posted by an individual) but such acknowledgment does not constitute any representation of eligibility for the Giveaway 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 Giveaway services) to enter Giveaway on a person's behalf voids entry, will result in disqualification from Giveaway 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 Giveaway 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 enter the Giveaway.

If participating in the Giveaway via mobile device, message and data rates may apply. You may be charged by your wireless carrier for participating in the Giveaway by using your mobile device. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE participating in the Giveaway via your mobile device. Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas. 

6. Prizes: Five (5) Prizes will be available to be awarded. Each winner will receive one (1) custom designed Tombogo™ and WHITE CLAW^® Hard Seltzer can tabs Collection (the “Collection”), in collaboration with Sponsor. Collection includes: one (1) custom designed jacket, one (1) custom designed shirt, one (1) custom designed pair of pants, and one (1) custom designed CLAW bag. Actual prizes may differ from any images of same in Giveaway advertising (including Giveaway post itself). Winners will not receive a certificate of authenticity, nor will custom designed Collection be autographed by artist. Winners should allow approximately 6-8 weeks from date of a winner’s verification to receive the completed custom designed Collection. Approximate Retail Value of each Prize is $925.00. Such ARV does not represent re-sale value of Prize.

Alcohol beverages are not part of a Prize. Prizes will only be shipped/awarded to a verified winners with a street address within the 50 United States or 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 winner; a 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 in conjunction therewith. For the avoidance of doubt, friends tagged in winner’s entry will not receive any prize. Approximate Retal Value of all Prizes is $4,625.00.

7. Winners’ Determination/Odds: Winners will be determined in a random drawing on or about January 22, 2024 by VCCP Limited and HP2 Promotions, the independent judging agencies, whose decision will be final in all matters relating to this Giveaway. Odds of winning will be determined by the total number of eligible entries received. (For the avoidance of doubt, if an entrant comment includes a comment in addition to tagging two (2) friends, as long as such additional comment is in compliance with these Official Rules [including the Content Restrictions as set forth above, to the extend applicable], such comment will not be taken into account in the winners’ selection procedure.) Potential winners will be notified by direct message from @whiteclaw on or about January 22, 2024. IT IS THE INDIVIDUAL’S RESPONSIBILITY TO ASSURE THAT HIS/HER INSTAGRAM PRIVACY SETTINGS ALLOW FOR from @whiteclaw TO NOTIFY HIM/HER VIA DIRECT MESSAGE INCLUDING SETTING YOUR INSTAGRAM PROFILE TO “PUBLIC.” Each 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 a potential winner cannot be contacted for any reason, the Prize Collection will be forfeited without compensation of any kind and an alternate winner may be selected.

8. Prize Restrictions: Entry in the Giveaway 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. 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 a Prize are each winner’s sole responsibility. By accepting a Prize, a 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 also accepts sole responsibility for any miscellaneous costs relating to acceptance of a Prize.

Taxes on a Prize are each winner’s sole responsibility. Each winner will be issued W-9 IRS Tax Form with the Affidavit of Liability, Eligibility and Publicity Release and a subsequent 1099 IRS Form as the value of a Prize exceeds $600. Upon receipt of a Prize, each 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 Giveaway. 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 HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

9. Releases: By participating, entrant indemnifies, releases and agrees to hold harmless (a) Mark Anthony Brands Inc., Tombogo LLC, and, as applicable, each of their parent companies, subsidiaries, divisions, affiliates, and advertising and promotion agencies (including VCCP Limited and HP2 Promotions); (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 Giveaway, any Giveaway-related activity and/or the acceptance, receipt, possession or use/misuse of any part of the Prize (as applicable). Without limiting the foregoing, Mark Anthony Brands Inc.  makes no representation, warranty or guarantee of any kind regarding a Prize; this includes but is not limited to the warranty of merchantability or fitness for intended purpose. Except where prohibited by law, acceptance of a 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, Tombogo LLC or the Giveaway for advertising, publicity and trade purposes by Sponsor and/or Tombogo LLC without further compensation or any notice or approval of any kind. 

10. Limitations of Liability: Sponsor’s computer is the official clock for all purposes of the Giveaway. 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 Giveaway 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 friends or 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 Giveaway; (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 Giveaway (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 Giveaway and conduct the Giveaway and select the 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.

12. Tampering: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY OR TO DEFRAUD SPONSOR IN CONJUNCTION WITH THE GIVEAWAY 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 GIVEAWAY (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 Giveaway or in the announcement of the prizes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, control and govern. If a Giveaway 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 (i.e., five [5] Prizes) are available to be won in the Giveaway. 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 Giveaway 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 Giveaway, entrant/tagged friends of entrant agree (a) that any and all disputes regarding the Giveaway 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 Giveaway (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. Winners’ List: For winners’ list, please send a self-addressed stamped envelope to “WC Hard Seltzer x Tombogo™ Collection Social Media Giveaway”, 167 N. Green Street, 6^th Floor, Chicago, IL 60607. All requests must be received by February 29, 2024. Winners’ list will be available after March 1, 2024.

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.