SPINDRIFT SPIKED GLASSES GIVEAWAY PROMOTION

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. A VALID EMAIL ADDRESS IS REQUIRED.

1. ELIGIBILITY: The Spindrift Spiked Glasses Giveaway Promotion (the “Promotion”) is offered only to legal residents of the 50 United States and the District of Columbia, who are 21 years of age or older at the time of entry.  Void where prohibited or restricted by law. Employees, officers and directors of Spindrift Beverage Co. (“Sponsor”), its owners, parents, subsidiaries and affiliates, advertising and promotion agencies, and any companies involved in the implementation and execution of the Promotion (collectively, the "Promotion Entities"), wholesalers, suppliers, distributors, or retailers of alcohol-beverage products, and the immediate family members (spouses, siblings, parents and children, including foster and step-relations, and their respective spouses) and household members (whether or not related) of all the foregoing are not eligible.  By participating, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor (and its authorized third parties), which are final and binding on all matters relating to the Promotion.

2. PROMOTION PERIOD: Promotion starts on or about  9:00 a.m. Eastern Time (ET) on April 18, 2023 and ends at 11:59:59 p.m. ET on  April 30, 2023 (“Promotion Period”).  The clock on Sponsor’s  server  shall be the official time keeping device for this Promotion.

3. HOW TO ENTER: To enter, an eligible entrant (“Entrant”) must visit https://www.spindriftspiked.com/pages/glasses-giveaway (“Website”) during the Promotion Period and follow the online directions to submit his/her first and last name,  street address, state, city, ZIP code, email address, daytime telephone number, birthdate, and agree to be bound by these Official Rules and the decisions of the Sponsor and its authorized third parties.   After successful completion of the above steps, Entrant will receive one (1) entry into the Promotion (“entry”). All entries must be received during the Promotion Period.  Important:  If the Entrant is participating in the Promotion via a mobile device, message and data rates may apply.  The Entrant should consult his/her wireless service provider regarding its pricing plans.  Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in this method of entry.

Limit one (1) entry per person or e-mail address during the entire Promotion Period. You may enter the Promotion under one name/e-mail address only.  In the event of a dispute about entries submitted by multiple individuals using the same email account or address, the entry will be deemed to have been submitted by the authorized account holder of the email account used to enter the Promotion at the actual time of entry.  The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address.  Multiple entries per person/email address/wireless telephone number, or any use or suspected use of artifice, bots, robotic, repetitive, automatic, programmed or similar methods or agents (including, but not limited to sweepstakes entry services/clubs) are prohibited; any Entrant using/benefitting from such methods will be disqualified and their entries voided.  Proof of entry submission is not proof of receipt or eligibility for this Promotion.

4. SELECTION OF WINNERS/ODDS: Winners will be selected in a random drawing conducted by Sponsor or Sponsor’s representative on or about May 5, 2023, from all eligible entries received.  Odds of winning depend on the number of eligible entries received.    

5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Two hundred fifty (250) prizes will be awarded in this promotion.  Each prize consists of a set of two (2) Spindrift Spiked jar glasses.  ARV:  $6.  ARV of all prizes offered in this Promotion:  $1,500.

Prize Restrictions.  Limit one (1) prize per Entrant.  No transfer, assignment or substitution of prize (in whole or in part) is allowed, except that Sponsor reserves the right to substitute a similar prize of equal or greater value. All federal, state and local taxes, if any, are the sole responsibility of the winner(s). In no event will more than the stated number of prizes be awarded in this Promotion. Any prize pictured or mentioned in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded.

Potential winners will be notified by email at the address submitted at time of entry, and may be required to reply to Sponsor’s email within the time stated with any additional requested information in order to receive the prize. You are not a winner until your entry and eligibility have been verified, and you have complied with these Official Rules. Each potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules and may also be required to execute and return (or potential winner’s parent or legal guardian if potential winner is a minor in his/her state of residence) an Affidavit of Eligibility/Publicity Release within a time period specified by Sponsor. Prize will be forfeited if the additional information or documents are not timely received according to the instructions and by the deadline provided in the notification. The submission of prize claims is the sole responsibility of the Entrant, who assumes all risk of loss, damage, destruction, delay and misdirection of any communications and/or materials. Prizes may be mailed to confirmed winners via trackable delivery service approximately 10-15 business days after winner confirmation, to the addresses provided by the winners at time of entry or as submitted by entrant in response to Sponsor’s prize notification. If a potential winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, cannot be contacted or fails to timely respond after two separate attempts, or in the event the prize confirmation or prize is returned, undeliverable, or not (timely) responded to the prize will be forfeited, and may, in Sponsor’s sole discretion,  be awarded to an alternate potential winner selected at random from the pool of eligible Entrants.

6. LIMITATION OF LIABILITY: The Promotion Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected (including into spam/junk folders), postage due, returned, or undeliverable entries, texts, email or postal mail, or any other Promotion related communications; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; or garbled, corrupt, or jumbled transmissions, service provider/Internet/website use, net accessibility, incompatibility, availability or traffic congestion; or any technical, mechanical, printing, typographical or other error, unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information.    The Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking, or by any of the equipment or programming associated with or used in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft, destruction or unauthorized access to any website(s). Promotion Entities are not responsible for any injury, including death, disability or other damage, whether personal or property, to Entrants or to any person’s computer or mobile device related to or resulting from participating in the Promotion and/or accepting a Prize.  If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion, including the selection of prize winners in a manner it deems fair and reasonable from among eligible entries received prior to such cancellation, termination, modification or suspension.  If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible claimants in such category to award such prize. 

IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, PARTICIPATION IN PROMOTION AND/OR PRIZE RELATED ACTIVITIES, THE USE OR MISUSE OF A PRIZE, ACCESS TO AND USE OF ANY PARTICIPATING WEBSITES OR THE DOWNLOADING FORM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THIS PROMOTION.  WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7. GENERAL: All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media, and any communications made by any person in any medium), the details of the Promotion as set forth in these Official Rules shall prevail.  If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable.

8. DISPUTES: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF MASSACHUSETTS WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A COURT LOCATED IN MASSACHUSETTS HAVING JURISDICTION.  FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR OANY OTHER EQUITABLE RELIEF.  ALL CAUSES OF ACTION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED OR THE SHORTEST TIME ALLOWED BY APPLICABLE LAW, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

9. PRIVACY POLICY: Any personally identifiable information collected during an Entrant's participation in the Promotion will be collected by Sponsor or its agent, and will be used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at https://www.spindriftspiked.com/pages/privacy-policy  and any communications an Entrant may agree during the registration process to receive in the future.

10. SPONSOR: Spindrift Beverage Co., Newton, MA 02458.