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White Claw® Hard Seltzer SXSW® Custom Guitar 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 SXSW® Custom Guitar 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 a Prize: Mark Anthony Brands Inc. (“Sponsor”), SXSW, LLC (“SXSW”), and (as applicable) their respective parent companies, subsidiaries, divisions, affiliates, prize suppliers (including the management and representation of Brendan Monroe), 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 SXSW or its affiliates. All federal, state and local laws apply.

2. Sweepstakes Period:

Sweepstakes begins at or after 12:00:01 a.m. Eastern Time (“ET”) on March 16, 2023 and ends at 11:59:59 p.m. ET March 23, 2023. Actual start time of Sweepstakes on March 16, 2023 depends on when the White Claw® Hard Seltzer SXSW® Custom Guitar Sweepstakes post is made to the official White Claw Instagram page, as discussed below.

3. How to Enter:

An Instagram or Twitter 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.”) A Twitter account may be opened for free, subject to the Terms of Twitter including but not limited to Twitter's Terms of Service (found at https://twitter.com/en/tos). The promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Twitter.

Entrants can enter the Sweepstakes during the Sweepstakes Period via one or both of the following methods:

  1. Access the official White Claw® Instagram page at @whiteclaw, follow @whiteclaw and comment with a guitar emoji (🎸) as well as #WhiteClawSXSW #Sweepstakes to Sponsor's White Claw® post.
  2. Access your own public account on Instagram or Twitter and comment with a photo about SXSW, tag @whiteclaw [on Instagram] or @WhiteClaw [on Twitter] as well as including #WhiteClawSXSW #Sweepstakes. (If you have not already done so, you must first follow @whiteclaw or @WhiteClaw).

Following @whiteclaw and/or @WhiteClaw serves to verify that you are 21 years of age or older. 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 Data Policy of Instagram (found at https://privacycenter.instagram.com/policy) and/or the Privacy Policy of Twitter (found at https://twitter.com/en/privacy), as applicable.

4. Submission Guidelines:

Do not copy (in whole or in part) someone else's comment.

For entry method (i): Comment will not result in entry if:

  • If comment is posted anywhere on Instagram OTHER THAN in response to the White Claw® Hard Seltzer SXSW® Custom Guitar Sweepstakes post on @whiteclaw (e.g., on one's own Instagram account)
  • If comment does not include a guitar emoji
  • If comment does not include #WhiteClawSXSW #Sweepstakes
  • If comment includes any content in addition to guitar emoji (e.g., other emojis)

For entry method (ii): Comment will not result in entry if:

  • If comment is posted to an Instagram or Twitter account which is not public.
  • If comment does not include #WhiteClawSXSW #Sweepstakes
  • If comment is determined by Sponsor in its sole discretion not to be in compliance with the following 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;
  2. The comment must not be inappropriate, obscene, or otherwise unfit for publication (e.g., comment includes hate speech, profanity, advocates violence, drug use or any illegal act);
  3. The comment must relate to SXSW;
  4. The comment must not adversely affect the business reputation or goodwill of Mark Anthony Brands Inc., its White Claw® Hard Seltzer products, SXSW, LLC, its SXSW conference and festival, Mr. Brendan Monroe or his art;
  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 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. or Twitter, Inc., as the case may be (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.

ENTRY METHOD (II) COMMENTS/ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR, SXSW, LLC OR MR. BRENDAN MONROE IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST COMMENTS; AND, SPONSOR, SXSW, LLC AND MR. BRENDAN MONROE EACH 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, SXSW, LLC AND MR. BRENDAN MONROE WILL NOT EDIT OR MODIFY COMMENTS POSTED FOR THE SWEEPSTAKES IN CONJUNCTION WITH ADMINISTRATION OF THIS SWEEPSTAKES.

5. Entry Restrictions

Limit one (1) entry per entry method per person per day** regardless of the number of Instagram or Twitter 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 March 16, 2023 which begins at 12:00:01 a.m. ET. Violation of this entry limit will result in only the initial entry received for each entry method 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. A person may use one (1) or both entry methods as he/she wishes: use of one (1) entry method is not contingent on using the other entry method. 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 or @WhiteClaw [as applicable] 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 or Twitter account (as applicable) 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 or Twitter account (as applicable) used to enter 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. Prizes:

Two (2) Prizes are available to be awarded, with One (1) Prize awarded among persons who participated via entry method (i) and One (1) Prize awarded among persons who participated via entry method (ii). Each winner will receive one (1) Custom Painted Guitar created by Mr. Brendan Monroe (@brendantheblob). Winner will not receive a certificate of authenticity nor will Custom Painted Guitar be autographed by Mr. Monroe. Custom Painted Guitar is intended for display purposes. Actual prize may differ from any image of same in Sweepstakes advertising and Sponsor disclaims any liability in conjunction therewith. Approximate Retail Value of each Prize is $651.00.

Alcohol beverages are not part of the prize. A 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 a 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. Total Approximate Retail Value of all Prizes is $1,302.00.

7. Winners' Determination/Odds:

Winners will be determined via random drawing on or about March 24, 2023, with one (1) random drawing from among all eligible entries made using entry method (i) and a second, separate random drawing from among all eligible entries made using entry method (ii). Both drawings will be conducted 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 for the applicable drawing. (For the avoidance of doubt, with regard to entry method (ii), as long as an entrant's comment is in compliance with these Official Rules [including the Content Restrictions as set forth above], such content will not be taken into account in the winner selection procedure.) Potential winners will be notified by direct message from @whiteclaw [for entry method (i) drawing] or from @whiteclaw or @WhiteClaw, as applicable [for entry method (ii) drawing] on or about March 24, 2023. BE SURE THAT YOUR INSTAGRAM/TWITTER SETTINGS ALLOW FOR @whiteclaw or @WhiteClaw TO CONTACT YOU VIA DIRECT MESSAGE INCLUDING SETTING YOUR PROFILE TO “PUBLIC.” Potential 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. 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.

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. Limit of one (1) prize per person, family, household or address. 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 the prize 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 the 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 Eligibility, Liability and Publicity Release and a subsequent 1099 IRS Form as the value of the Prize exceeds $600. Upon receipt of the Prize, a winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.

Sponsor and SXSW, LLC make no warranties, and each 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 SXSW, LLC EACH HEREBY DISCLAIMS 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., SXSW, LLC, the management and representation of Mr. Brendan Monroe (as well as Mr. Monroe personally) and (as applicable) 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; and (c) Meta Platforms, Inc. and Twitter, Inc. 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. and SXSW, LLC make no representations, warranties or guarantees of any kind 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 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 Sweepstakes for advertising, publicity and trade purposes by Sponsor and its designees (including SXSW, 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 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 or Twitter, as applicable; 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 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 and Twitter pages.

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 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 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., two [2] 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.

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. Winners' List:

For winners' list, please send a self-addressed stamped envelope to “WC SXSW Custom Painted Guitar Sweeps”, 167 N. Green Street, 6th Floor, Chicago, IL 60607. All requests must be received by April 28, 2023. Winners' list will be available after May 12, 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.