BAG AND SWAG SWEEPSTAKES RULES
Mad Dandy™ …. the Original Pre-Coffee™
🎉 **Mad Dandy™ Instagram Giveaway Sweepstakes Rules** 🎉
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
These are the official rules of the Mad Dandy Instagram Giveaway Sweepstakes (the “Sweepstakes”) for the Mad Dandy powder-mix beverage and T-Shirt.
1. Start and End Dates. The Sweepstakes starts at 9:00am (PDT) on 8/23, 2023 and ends at midnight (PDT) on 8/30/23 (the “Sweepstakes Period").
2. Sponsor. The Sweepstakes is sponsored by Mad Dandy, LLC (“Sponsor”).
3. Eligibility. The Sweepstakes is open to natural persons who have reached the age of legal majority in their state of residence, are a legal resident of, and physically residing in one of the fifty (50) United States or the District of Columbia (“Participant”) (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations, and wherever prohibited, taxed or restricted by law).
Sponsors, employees of Sponsors, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Participant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
3. No purchase necessary. No purchase is necessary to enter or win the Sweepstakes.
4. How to Enter. During the Sweepstakes Period, there are two (2) ways to enter:
a. On Instagram: If the Participant meets the eligibility requirements, during the Sweepstakes Period, Participants must: (i) follow @DrinkMadDandy on Instagram, (ii) like the designated Sweepstakes post on the @DrinkMadDandy Instagram channel, and (iii) tag two (2) friends in the “comments section” of the giveaway post on the @DrinkMadDandy Instagram account (“Entry Method”). Every additional friend tag (e.g., more than two (2)) increases your entry number by one (1). [DD1] Only the Participant who does the tagging will be entered in the Sweepstakes. Tagged friends will not be entered in the Sweepstakes. Limit three (3) entries per person on the designated Sweepstakes post. Each entry must tag a different friend. By tagging your friend for an Instagram Entry, you acknowledge that person is personally known to you and would not object to being tagged as part of an entry to a sweepstakes. By commenting on the Post, you affirm that you have read, understand and agree to these Official Rules. Participants who do not follow all of the instructions, provide all required information, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. Participant must have a public Instagram account to enter this Sweepstakes. Participant’s Instagram must be set to public during the Sweepstakes Period, beginning at least on the date of entry, and for at least thirty (30) days after the end of the Sweepstakes Period. If Participant does not have an Instagram account, Participant can create an Instagram account for free at Instagram.com or by downloading the application on their mobile device from the Apple App Store or Google Play Store and follow the instructions to set up an account. Instagram accounts are subject to Instagram’s terms of use. Limit of three (3) entries per Participant regardless of the number of Instagram accounts they may have during the Sweepstakes Period using this method.
b. Alternative Method of Entry. If the Participant meets the eligibility requirements and does not want to enter using the Instagram Entry method described above, during the Sweepstakes Period, Participant may enter the Sweepstakes by completing the online form located at [www.maddandy.com/alt-entry-form]. Participant must follow the on-screen instructions to complete all required fields, which may include, but is not limited to Participant’s name, email address, physical address, and telephone number. Limit of three (3) total entries per Participant during the Sweepstakes Period using this method. By entering using this Alternative Method of Entry, Participant may not enter using any other entry method.
Participant is limited to a maximum total of three (3) entries during the Sweepstakes Period.
Automated entries are prohibited and any such use will cause the entry to be disqualified. Participants may not enter with multiple email addresses/Instagram accounts nor may Participants use any other device or artifice to enter multiple times or as multiple participants. If it is discovered that Participant has entered or attempted to enter the Sweepstakes in excess of the stated limit by using multiple identities, Instagram accounts, or email addresses, or that Participant submitted or attempted to submit more than the entry limit provided above, all of Participant’s entries may be disqualified and ineligible, and any prize you Participant may have been entitled to will not be awarded, as determined by Sponsor in its sole discretion. All posts, tags, intended entries or other content (“Content”) will be subject to Instagram’s Terms of Use (found at www.instagram.com). Presence of Content on the Instagram platform is not a confirmation, representation, or warranty by the Sponsor or any of its representatives that the Content is compliant with these Official Rules. Sponsor’s decisions with respect to whether Content complies with these Official Rules are final and binding and may be made by Sponsor at any time. Content that does not meet the requirements set forth in these Official Rules may not be acknowledged, may be deleted, and may be automatically disqualified, in the sole and absolute discretion of the Sponsor.
Multiple participants are not permitted to share the same mobile phone, email account, or Instagram account. Data rates may apply. All rules, guidelines, and terms and conditions of Instagram, Inc. apply.
5. Sweepstakes Drawing/Odds. On or around two (2) business days following the completion of the Sweepstakes Period, Sponsor, or Sponsor’s authorized agent, will randomly select three (3) winners from among all eligible entries received during the Sweepstakes Period. Odds of winning a prize depend on the number of eligible entries received.
6. Sweepstakes and Contest Winner Notification. All potential winners will be notified via a comment on/response to their entry, direct message, email, or telephone call using the information provided in their entry (method to be selected by Sponsor or Sponsor’s authorized agent in its sole discretion) in a commercially reasonable time after the drawing. Potential winners are subject to verification. Potential winners will have two (2) days to respond to the notice with the information requested in the notification or the prize may, Sponsor’s sole discretion, be forfeited. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required time period, if a potential winner cannot be verified, or if a potential winner is otherwise unable or unwilling to accept and claim the prize as stated, then the potential winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate Participant who will be selected in a manner deemed fair and equitable by the Sponsor. A potential winner who provides a P.O. Box may be required to provide an alternative physical address and this may cause a delay in notification and acceptance, so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Participant’s email or voicemail inbox to receive messages, or any limitations associated with receipt or delivery of text messages or direct messages.
Each potential winner may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (the “Affidavit”), within ten (10) business days of attempted notification or prize may be forfeited. If the potential winner has not reached the age of majority in their state of residence as of the date of entry, they will be disqualified as ineligible, no compensation will be due, and Sponsor may, in their sole discretion, select an alternate winner. Sponsor is not responsible for any change of email address, Instagram username, mailing address and/or telephone number of Participants. Sponsor’s decisions are final and binding in all aspects of this Sweepstakes.
7. Prizes. Three (3) verified Sweepstakes winners will each receive the following prize pack: One (1) Mad Dandy Sweatshirt-shirt (size large or medium as requested by winner), and one (1) Mad Dandy Starter Kit. The Approximate Retail Value (“ARV”) of each prize pack is [eighty dollars] ($80). Total ARV of all Sweepstakes Prizes is [two hundred forty dollars] ($240).
Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Please allow 4-6 weeks for delivery of prize after confirmation. Sponsor will not replace any lost or stolen prizes.
8. Publicity. By participating in the Sweepstakes, you as a Participant hereby license and grant to Sponsor, its affiliates and each of its respective licensees, licensors and partners, the right to use Participant’s Instagram usernames, comments and likeness for promotional purposes perpetually throughout the universe in any manner, means, language or media whether now known or hereafter devised. DO NOT ENTER THE SWEEPSTAKES IF YOU DO NOT WANT TO LICENSE AND GRANT SUCH PUBLICITY RIGHTS.
9. General Conditions. Sponsor reserves the right to modify or terminate the Sweepstakes at any time, for any reason. This Sweepstakes is not affiliated with or endorsed by Instagram, Facebook, Meta, or any of their respective affiliated or related entities or business divisions in any way.
10. Privacy. Any personal information collected during the Sweepstakes will be used solely for the purpose of administering the Sweepstakes and the stated publicity purposes and will not be shared with third parties (except as may otherwise be stated in these rules.
11. LIMITATION OF LIABILITY. By participating in this Sweepstakes, you agree to release Sponsor and its employees, as well as each of their respective successors, representatives and assigns, from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes. All entries are made or sent at your own risk and Sponsor cannot accept liability for any loss of or damage to any submissions.
12. DISPUTES. You agree that any claim or controversy arising out of or related to the Sweepstakes shall be settled by expedited binding arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall take place in Marin County, California, and you waive any claim that such forum is inconvenient. Any such claim or controversy shall be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party. The Arbitrator may not change the terms of these rules and may not award any injunctive or other equitable relief.
13. Governing Law & Jurisdiction: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in Marin County or nearest of a competent court having jurisdiction over such matter.
14. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsors’ failure to enforce any term of these Official Rules or any other guidelines, instructions, policies, or term will not constitute a waiver of that provision. Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsors’ sole and absolute discretion.
15. Winner’s List: For a list of Prize winners visit Sponsor’s Instagram account within 30 days after the end of the Sweepstakes Period.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Meta Platforms, Inc., Instagram, Inc., Facebook, Inc, or any other third-party not specifically designated by Sponsors. Information is being provided solely to Sponsors in accordance with these Official Rules.
By participating in the Mad Dandy Instagram Giveaway Sweepstakes, Participants agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Sweepstakes.
For any inquiries regarding the Sweepstakes, please contact GetSome@MadDandy.com
Good luck to all participants! 🍀🥳
[DD1]I added back in the bit about multiple entries and removed “tag one friend in the comment section of the designated Sweepstakes post to receive one (1) entry into the Sweepstakes (the “Instagram Entry”).