818 ANNIVERSARY SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, AND THE REQUIREMENT THAT MOST DISPUTES ARE RESOLVED BY BINDING ARBITRATION.
- Sweepstakes Period:The 818 Anniversary / 2nd Birthday Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on May 16, 2023 and ends at 11:59 p.m. ET on May 22, 2023 (the “SweepstakesPeriod”).
- Eligibility: Open to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older as of date of entry. Employees of K & Soda, Inc. dba 818 Spirits, Inc. (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors, retailers or wholesalers of alcohol-beverage products; and advertising, promotional and judging agencies (collectively “Sponsor and its Administrators”), and each of their respective employees, shareholders, directors, officers, members and agents and their family members and/or those living in the same household of each are not eligible to participate or win. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and all lineal descendants, including those by adoption. Void where prohibited and subject to all federal, state and local laws.(“Administrator”), their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors, retailers or wholesalers of alcohol-beverage products; and advertising, promotional and judging agencies (collectively “Sponsor and its Administrators”), and each of their respective employees, shareholders, directors, officers, members and agents and their family members and/or those living in the same household of each are not eligible to participate or win. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and all lineal descendants, including those by adoption. Void where prohibited and subject to all federal, state and local laws.
- How To Enter: There is NO PURCHASE NECESSARY to participate in the Sweepstakes. A purchase does not increase your chances of winning. At the beginning of the Sweepstakes Period, Sponsor will post a Sweepstakes post (the “Post”) on the @drink818 Instagram page. You may enter by liking and leaving a comment tagging a friend (who is 21 years of age or older) on the Post to receive one (1) entry into the Sweepstakes. Entries must be complete to be eligible. Standard message and data rates may apply. Each entry must be unique. All entries must be received by 11:59 p.m. ET on May 22, 2023 to be eligible. Entries become the property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged entries. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor associates. Sponsor reserves the right to monitor and will monitor entries and delete, if required in its sole discretion. By entering, you acknowledge that your entry may be posted on the Sponsor’s website(s) or other media pages, in Sponsor’s sole discretion. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. Entries that are not in accordance with these Official Rules as stated herein or are not received during the Sweepstakes Period will be ineligible. Entries cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (b) promote alcohol consumption, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than 818, or contain any personal identification, such as, personal names or e-mail address; (e) contain copyrighted materials owned by others without permission; (f) contain materials embodying the names, or other indicia identifying any person, living or dead, without permission; and (g) depict, and cannot itself, be in violation of any law.
- Sweepstakes Drawing: Two (2) winners will be selected in a random drawing on or about May 23, 2023 from among all eligible entries received during the Sweepstakes Period. The random drawing will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. The odds of winning a prize will depend on the number of eligible entries received during the Sweepstakes Period. A purchase does not increase the odds of winning a prize.
- Prize (2): A hat signed by Kendall Jenner and 818 merchandise. The approximate retail value of each prize is $150. ALCOHOL IS NOT PART OF THE PRIZE. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute prize (or portion of prize) of equal or greater value in the event the prize is unavailable. Prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
- General Rules: Potential winners will be initially notified by Instagram direct message (“DM”) from the @drink818 account. If a potential winner fails to respond to the DM and provide a valid mailing address within three (3) days, DM is returned as undeliverable or if potential winner is deemed to be ineligible, the prize will be forfeited and an alternate winner will be selected. Return of prize or prize notification as undeliverable may result in disqualification and alternate selection. Acceptance of prize constitutes permission to Sponsor and its Administrators to use winner’s name and likeness for promotional purposes without approval, notice, or further compensation except where prohibited by law. Winners, by accepting the prize, and all entrants, as a condition of entry, agree, as applicable, to release and hold harmless Sponsor and its Administrators, their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies and their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes, from and against any and all liability, claims or actions of any kind whatsoever, for injuries, death, damages, or losses to persons or property which may be sustained in connection with submitting an entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of any prize awarded, or while preparing for, participating in or from any prize-related activity or for any typographical or other error in these Official Rules or the announcement or offering of the prize. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email account associated with the Instagram account used to enter, will be deemed to be the entrant. “Authorized account holder” of the email account is defined as the natural person who is assigned to the email account by an internet service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates these Official Rules; acts in an unsportsmanlike or disruptive manner: or acts with intent to annoy, abuse, threaten or harass any other person. Sponsor and its Administrators are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the entries and administration of the Sweepstakes. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it cannot be completed as planned for any reason, including, but not limited to, due to any event beyond its control, including, but not limited to, fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence),infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will award the prizes in a random drawing from among all eligible entries received during the Sweepstakes Period prior to cancellation.
- GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief exclusively in the state and federal courts in Miami-Dade County, Florida and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Miami-Dade County, Florida. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Miami-Dade County, Florida. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- Winners List: To receive a Winners List by email, send an email to: firstname.lastname@example.org with The 818 Anniversary / 2nd Birthday Sweepstakes (11-2836-04) as the subject line. Requests must be received by July 31, 2023.
- Sponsor/Administrator: The Sponsor of this Sweepstakes is K & Soda, Inc. dba 818 Spirits, Inc., 2000 Avenue of the Stars STE 100 South, Los Angeles, CA, 90067. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.