Mike’s Hard Lemonade® Labor Day Bear in a Bikini Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. MUST BE 21 YEARS OF AGE OR OLDER TO ENTER. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA) EXCEPT CALIFORNIA, AND WHEREVER ELSE PROHIBITED BY LAW.
  1. ELIGIBILITY: The Mike’s Hard Lemonade® Labor Day Bear in a Bikini Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States (including the District of Columbia), except for California, and wherever else prohibited by law, who are twenty-one (21) years of age or older as of the date of entry. Employees of Mark Anthony Brands, Inc. d/b/a Mike’s Hard Lemonade Co. (“Sponsor”), and its respective affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or retailers. All federal, state and local laws apply.
  2. HOW TO ENTER: The entry period for the Sweepstakes begins at 9:00:01 a.m. Eastern Standard Time (EST) on July 25, 2012 and ends at 11:59:59 p.m. EST on August 11, 2012 (the “Entry Period”). To enter, access the Sponsor’s Facebook page at www.facebook.com/mikeshardlemonade (the “Site”) and follow the on-screen entry instructions to submit an entry via the application provided under the sweepstakes tab on the Site. Entries must be completed and received by 11:59:59 p.m. EST on August 11, 2012. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Sweepstakes. There is a limit of one (1) entry per person. Additional entries submitted in excess of the one (1) entry per person limit will be disqualified.
  3. PRIZE: One (1) Grand Prize will be awarded. Winner will receive a four (4) day, three (3) night trip for the winner and one (1) guest to Miami, Florida. The trip consists of round trip, coach-class air transportation for the winner and guest between the major airport nearest to the winner’s home and a Miami area airport, provided the winner resides more than 250 miles from Miami (as determined by Sponsor in its discretion); a three (3) consecutive night stay for the winner and guest at a hotel in the Miami area determined by Sponsor (one (1) standard room, double occupancy; room rate and taxes only; size and type of rooms determined by Sponsor in its sole discretion); $1,200.00 awarded in the form of a check or another payment method determined by Sponsor in its sole discretion; and an opportunity to participate in activities determined by Sponsor, which may require physical activity. The winner’s guest must be at least twenty-one (21) years old as of the date the trip commences. All prize-related activities may in Sponsor’s discretion be photographed, taped and/or filmed and may be used by Sponsor in its sole discretion for publication and distribution in any medium presently existing Mike’s Hard Lemonade® Labor Day Bear in a Bikini Sweepstakes OFFICIAL RULES or hereinafter devised in perpetuity throughout the universe, and by accepting the prize the winner consents to the same. The approximate retail value (“ARV”) of the Grand Prize is U.S. $4,000.00. The exact value will depend on where the winner resides and market conditions at the time of prize fulfillment. All Grand Prize details, including the specific trip dates and itinerary, will be determined by Sponsor in its sole discretion. Travel and accommodation restrictions and other additional restrictions may apply. If the winner is not available for the trip on the dates specified by Sponsor, the prize will be forfeited and an alternate winner selected as the sole discretion of the Sponsor. A partial prize will not be awarded. In order to receive a prize, the potential winner must accept and/or participate in all prize components, as applicable.
  4. WINNER SELECTION AND NOTIFICATION: Winner will be determined in a random drawing on or about August 12, 2012, by an independent organization 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. The winner will be notified by mail, phone or email on or about August 12, 2012, and will be required to sign an affidavit of eligibility and liability release within three (3) days of notification or prize will be forfeited and may be awarded to another winner at sponsor's sole discretion. If winner cannot be located or does not respond to attempt to be notified within forty-eight (48) hours, prize will automatically be forfeited and an alternate winner may be selected at sponsor's sole discretion. Trip winner’s guest must sign and return a liability/publicity release form prior to travel. Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation.
  5. GRANT OF RIGHTS: By entering, each entrant grants permission to Sponsor and its parent companies, affiliates, subsidiaries, agents and licensees to use the entrant’s name, biographical information, voice, statements and likeness for purposes of advertising and trade and other commercial purposes, without further notice or compensation, unless prohibited by law.
  6. RELEASE AND LIMITATION OF LIABILITY: By entering, each entrant, guest and each of their heirs, personal representatives and assigns voluntarily and knowingly forever releases, waives, discharges and agrees to hold Sponsor, Sponsor’s parent companies, affiliates, subsidiaries, distributors, successors and agents and Facebook, and the directors, officers, employees and assigns of each of the foregoing, harmless from and against any and all claims and liability whether under contract, tort, warranty or any other theory or claim arising out of the entrant’s participation in the Sweepstakes, the operation of the Sweepstakes, the acceptance or use of the prize (including without limitation participation in the prize trip or any prize-related activity) or the use of the entrant’s name, biographical information, voice, statements and/or likeness as permitted hereunder, including without limitation any and all claims and liabilities (a) relating to any personal injury, emotional injury, death, financial claims or property damage or other loss sustained by the entrant or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, misappropriation or violation of any other personal or proprietary right. Entrants and guests hereby acknowledge and assume the risks of personal injury or death due to the inherently dangerous nature of the prize. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of the prize (including without limitation participation in the prize trip or any prize-related activity). Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. In no event will more than one (1) prize be awarded.
  7. GENERAL RULES: The winner and his or her guest must travel together on same itinerary and are responsible for obtaining all required travel documents. All federal, state, local taxes and/or fees on the value of the prize, if applicable, are the responsibility of the winner. Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility and Release and a subsequent IRS Form 1099. Upon receipt of a prize, the winner shall be required to comply with any and all applicablefederal,stateandlocallaw,rulesandregulations. Theprizewillbe awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the sole discretion of Sponsor, which reserves the right to substitute a prize or prize component of equal or greater value. Cash equivalent may be less than the approximate retail value of the prize. The prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize or any component thereof that are not expressly specified in these Official Rules as being part of the prize (including without limitation, meals, incidentals, food and beverages, souvenirs, gratuities and transportation) are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. By accepting this prize, 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. Trip winner’s guest be also be 21 years of age or older and must travel on the same itinerary and sign a Guest’s Liability and Publicity Release. It is the winner’s sole responsibility to arrange transportation to and from the major airport nearest winner’s residence. Sponsor reserves the right to conduct a background check of any criminal records of the winner and travel companions. To the extent necessary and permitted by law, winner and travel companion shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify winner and/or travel companion from any prize element, based on the background check. Sponsor reserves the right to modify these Official Rules or to modify, suspend or terminate the Sweepstakes at any time in its sole discretion. Sponsor is not responsible for late, lost, delayed, misdirected, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Sweepstakes all of which are void. Facsimiles or mechanical reproductions will not be accepted. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (a) has tampered with the entry process, or has undermined the legitimate operation of the Site or the Sweepstakes by cheating, hacking, deception or other unfair playing practices, or (b) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (c) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the operation of the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of termination of the Sweepstakes, a notice will be posted on the Site and a random drawing to award the prizes will be conducted from among all eligible entries received prior to the time of termination. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. Entrants hereby agree to indemnify and hold Sponsor harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth herein. In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address or Facebook account submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address or Facebook account by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses or Facebook accounts.
  8. DISPUTES: By entering the Sweepstakes, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of New York, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules or the Sweepstakes. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
  9. PRIVACY: Information collected from entrants in connection with this Sweepstakes will be subject to Sponsor’s Privacy Policy, located at http://www.mikeshard.com.
  10. WINNER’S NAME AND RULES REQUESTS: For the name of the winner, available after August 21, 2012, or a copy of these Official Rules, send a self-addressed, stamped envelope to Mike’s Hard Lemonade, Att’n: Labor Day Bear in a Bikini Sweepstakes, 328 S Jefferson, #1050, Chicago, IL 60661. Vermont residents may omit return postage. All requests for the winner’s list must be postmarked by August 21, 2012 and received by September 10, 2012.
  11. SPONSOR: Mark Anthony Brands, Inc., Chicago, IL
  12. MIKE’S IS HARD. SO IS PRISON. DON’T DRIVE DRUNK®. PREMIUM MALT BEVERAGE ©2012 Mike’s Hard Lemonade Co., Chicago, IL. is www.mikeshard.com® a registered trademark and TM is a trademark of Mike’s Hard Lemonade Co.
  13. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. All information provided in connection with the Sweepstakes is provided to Sponsor and not to Facebook.