MXD™ Drinks Co. Sunglasses 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: 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 the time of entryVoid in Alaska and Hawaii 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., their respective parent company, 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 this 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. All federal, state and local laws apply.
  1. Sweepstakes Period: Sweepstakes begins at or after 12:00:01 a.m. Eastern Time (“ET”) on June 27, 2022 and ends at 11:59:59 p.m. ET July 24, 2022. Actual start time of Sweepstakes on June 27, 2022 depends on when the MXD™ Drinks Co. Sunglasses Sweepstakes post is made to the official MXD™ Drinks Co. 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 MXD™ Drinks Co. Instagram page at https://www.instagram.com/mxddrinksco/ (@mxddrinksco). If you have not done so already, you must follow @mxddrinksco. Then, comment on Sponsor’s MXD™ Drinks Co. Sunglasses Sweepstakes post on @mxddrinksco by tagging at least one (1) friend who is a legal U.S. resident**, 21 years of age or older, personally known to you and who you believe is interested in MXD™ Drinks Co. Be sure to also include #Sweepstakes when posting a comment, so as to signify that you are entering a Sweepstakes sponsored by Mark Anthony Brands Inc. in support of its MXD™ Drinks Co. premixed cocktail product. In addition, you must have obtained the friend’s consent beforehand. MARK ANTHONY BRANDS INC. IS DIRECTLY RELYING ON THE ENTRANT’S REPRESENTATION THAT 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. **For clarity, friend may be a resident of any state of the United States (including Alaska and Hawaii) or the District of Columbia.

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.mxddrinks.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://www.instagram.com/about/legal/privacy/). 

  1. Submission Guidelines:

Comment must tag at least one (1) friend as per Rule 3 above; if comment tags no friends, 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.  (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 MXD™ Drinks Co. Sunglasses Sweepstakes post on @mxddrinksco (e.g., on one’s own Instagram account) such comment will not result in entry. If comment does not include #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 beforehand, as discussed above);
        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 be relevant to the MXD™ Drinks Co. Sunglasses Sweepstakes post;
        4. The comment must not adversely affect the business reputation or goodwill of Mark Anthony Brands Inc., its MXD™ Drinks Co. 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 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, if applicable, 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 FRIEND(S) AND 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 SWEEPSTAKES IN CONJUNCTION WITH ADMINISTRATION OF THIS SWEEPSTAKES.  

  1. Entry Restrictions: Limit one (1) entry per person, family, household or address per day** regardless of the number of e-mail accounts or Instagram accounts that a person has. **A “day” is defined as 12:00:00 a.m. ET – 11:59:59 p.m. ET, except for June 27, 2022 which begins at 12:00:01 a.m. ET.  (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 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. 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 @mxddrinksco 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 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.

  1. Prizes: Four (4) Prizes are available to be awarded.  Each winner will receive one (1) $300 digital Gift Card that must be used to purchase a pair of Sunglasses. Issuer of Gift Card will be chosen by Sponsor at its sole discretion and is subject to terms and conditions of use as indicated thereon. Retail Value of each Prize is $300.00. Total Retail Value of all Prizes is $1,200.00.

Alcohol beverages are not part of the Prize. A Prize will only be awarded to verified winners with a street address within the states of 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 each winner. If the Prize is declined by a winner, no alternate prize or compensation will be awarded.

  1. Winners’ Determination/Odds: Winners will be selected in a random drawing with one prize available per corresponding random drawing, as per the chart below. All random 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 each random drawing. (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.) Potential winners will be notified by direct message on or about the designated drawing date as set forth herein and must respond within 48 hours in order to claim his/her prize. BE SURE THAT YOUR INSTAGRAM PRIVACY SETTINGS ALLOW FOR @mxddrinksco TO CONTACT YOU VIA DIRECT MESSAGE. Each potential winner will be required to sign a Declaration of Eligibility, Liability and Publicity Release (where lawful) within five (5) business days of date indicated on notification materials. The Declaration will include a representation that a potential winner secured the consent of his/her friend(s) before tagging the friend(s) in a potential winner’s entry. In the event of noncompliance with this requirement or if a 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.
Drawing No. Entry Deadline (@11:59:59 p.m. ET) Approx. Drawing Date
1 July 5, 2022 July 6, 2022
2 July 11, 2022 July 12, 2022
3 July 18, 2022 July 19, 2022
4 July 25, 2022 July 26, 2022

Non-winning entries will be retained for subsequent random drawing(s), as applicable.

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: Limit of one (1) prize per family, address or household.  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 prize of comparable value. A prize is not redeemable/exchangeable for cash, except as may be required by applicable law. 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 said prize are each winner’s sole responsibility.  By accepting said prize, a winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.  Each winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of said prize.

Taxes on the Prize are each winner’s sole responsibility. 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 make no warranties, and hereby disclaim any and all warranties, express or implied, concerning said prize furnished in connection with this Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAID 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. THE ONLY WARRANTIES ON THE PRIZE (IF ANY) ARE THOSE OF PRIZE SUPPLIER (I.E., GIFT CARD ISSUER.)

  1. Releases: By participating, entrant indemnifies, releases and agrees to hold harmless (a) Mark Anthony Brands Inc., its designees, 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. (“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 any 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 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 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 a winner for each random drawing from among all eligible entries received for such 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 MXD™ Drinks Co. 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 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 are available to be won in the Sweepstakes.  If, for any reason, there are more bona fide, legitimate prize claimants than the number of units of prizes available as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available will be selected in a random drawing from among all bona fide, legitimate prize claimants.  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 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.
  1. Winners’ List: For the list of winners, please send a self-addressed stamped envelope to “MXD Drinks Co. Sunglasses Sweeps”, 328 South Jefferson Street, Chicago, IL 60661 for receipt by August 23, 2022.  Winners’ list will be available after September 6, 2022.

Sponsor:  Mark Anthony Brands Inc., Chicago, IL  60661

All Registered Trademarks, used under license by The MXD Drinks Co., Chicago, IL 60661

PREMIUM MALT BEVERAGE.  PLEASE DRINK RESPONSIBLY.

Last Updated on June 9, 2022 3:34 PM