Dad Water Kooler Karts Giveaway - Official Rules

Dad Water “Social Giveaway” Promotion

Official Rules

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING. NO CONSUMPTION OF
ALCOHOL IS REQUIRED TO PARTICIPATE.
1. Eligibility: Dad Water “Social Giveaway” Promotion (the “Promotion”) is open to legal residents of the fifty (50) United States and District of Columbia (excluding residents of NY) who are at least twenty-one (21) years old at the time of entry (the “Entrant”).  Persons in any of the following categories are not eligible to participate or win a prize:  (a) persons who are employees, officers or agents of Sponsor or Administrator (as defined below) and their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers,
distributors, or retailers of alcohol beverage products, and any other alcoholic beverage industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Promotion; or (d) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption), persons in the immediate
family of, or persons living in the same household as any person in any of the preceding categories (a) through (c).  Subject to all applicable federal, state, and local laws and regulations. Void in New York, outside of fifty (50) United States, District of Columbia and wherever else prohibited by law.  Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion.  Winning a prize is contingent upon fulfilling all requirements
set forth herein.  

2. Sponsor:  Mom Water, LLC, 4941 E. State Road 264 Ferdinand, IN 47532.

3. Administrator: Optivate Agency Inc., 4403 Oleander Dr, Ste C #251, Wilmington, NC 28403. 

4. Timing:  The Promotion begins on September 1, 2024 at 12:00 AM Eastern Standard Time (“ET”) and ends on September 30, 2024 at 11:59 PM ET (the “Promotion Period”). Administrator’s computer is the official time-keeping device for the Promotion. 
 
5. How to Enter:  In order to enter via Instagram™, you must be a registered user and your profile settings must be set to “public”. To become a registered user of Instagram™, create an account on Instagram at www.instagram.com. Entrant must complete the requirements below in order to enter this Promotion via Instagram:

i. Visit www.instagram.com/drinkdadwater and follow @drinkdadwater.
ii. Locate the Promotion posts on the Sponsor’s Instagram page to “like”, comment on the post and tag three (3) friends who are twenty-one (21) years of age or older.
Upon completing the steps above, Entrant will receive one (1) entry into the Promotion. Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are supplying your information to the Sponsor and not to Instagram.

Limit:  There is no limit to the number of entries; however, additional email addresses or social media accounts used to enter by one Entrant will be void and subject Entrant to disqualification. 

Additional Conditions: Incomplete entries are void. Entries not meeting the requirements as set forth in these Official Rules or that contain prohibited, inappropriate, or irrelevant content, as determined by Sponsor in its sole discretion, will not be eligible and will be disqualified. Any Entry suspected by Sponsor of violating the proprietary rights of any third party (including but not limited to intellectual property rights and rights of privacy/publicity), or any local, state
or federal law(s) will be disqualified, at Sponsor’s sole discretion.

The Released Parties (defined in the “Release” section below) are not responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, Entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or
telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise.

By participating, Entrant agrees that their entry may be shared on social media sites or other websites by the Sponsor.

Without limiting the foregoing, each Entrant consents to have the Entrant’s entry made available for public viewing and/or comment on the Internet.

In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address or the email address connected with the social media account or email address account from which the entry was sent. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g.,
business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An Entrant may be requested to provide Sponsor with proof that the Entrant is the Authorized Account Holder of the email address associated with the entry.

Any attempt by any Entrant to enter this Promotion using multiple/different social media accounts, e-mail addresses, identities, registrations and logins, or any other methods may void his or her entries and may result in his or her disqualification, at the sole discretion of Sponsor. Use of any automated system to participate in the Promotion is prohibited and may result in disqualification.

Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entrant whose social media account, in Sponsor’s sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Promotion or any other person or entity, does not comply with these Official Rules, or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned. 

Non-Qualifying Entries: Entries (a) containing general obscene, lewd, crude, vulgar,
profane, defamatory or inappropriate text, including acts of violence or acts that appear to cause harm, and/or (b) containing other offensive content and/or any content expressing explicit, graphic or excessive indecent content that is or could be considered inappropriate, unsuitable, or offensive, and/or (c) containing and displaying third-party brands prominently and intentionally, or any materials that violate or infringe (or may infringe) any copyright (including, without limitation, music or artistic work), trademark, logo, or other mark that identifies a brand, entity or other proprietary right of any person living or deceased, including
but not limited to rights of privacy or publicity or portrayal in a false light, and/or (d)
otherwise violate these Official Rules, as determined by Sponsor, in its sole discretion, shall be disqualified from the Promotion. Sponsor reserves the right to disqualify an entry with offensive content or material that it feels is inappropriate in any way. Each entry must be an original work, and must not have been previously published, must not be awaiting publication, nor may be submitted for publication consideration during the Promotion Period. The entry must not infringe on any third-party copyrights or other rights. Late entries or entries sent via any other method than those stated above will not be accepted.

6. Winning/Odds:  On or about October 2, 2024, one (1) grand prize winner (“Grand Prize Winner”) will be selected in a random drawing from among all eligible entries received during the Promotion Period. Odd of winning the grand prize (the “Grand Prize”) are dependent upon the number of eligible entrants during the Promotion Period. Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of the potential Grand Prize Winner is final and binding in all matters related to the Promotion.

7. Grand Prize Notification: Potential Grand Prize Winner will be notified via email on or about five (5) days following the Promotion end date (the “Notification”).  If the potential Grand Prize Winner cannot be contacted or does not respond to the Notification, if they are otherwise ineligible as determined by the Sponsor or the Independent Administrator in their sole discretion, or if they refuse to accept the Grand Prize, then such potential Grand Prize Winner forfeits their right to the Grand Prize. Administrator will attempt to contact up to three (3) total potential Grand Prize Winners. If the event a Grand Prize Winner is not confirmed after making three (3)
attempts the Grand Prize will not be awarded.  
 
To become the Grand Prize Winner, the potential Grand Prize Winner must comply with these Official Rules, and upon Notification, must complete and return the Required Documents (as defined in the “PRIZE CLAIMS” section of these Official Rules) in order to claim the Grand
Prize.

The awarding of the Grand Prize is subject to verification by the Sponsor whose decisions are made based at their sole discretion.  Sponsor’s interpretation of these Official Rules is final and binding in all respects. The potential Grand Prize Winner is not a prize winner of any prize until their eligibility has been verified by Sponsor. No more than the one (1) Grand Prize outlined in these Official Rules will be awarded.

8. Grand Prize Claim: Except where prohibited, potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor (collectively, the “Required Documents”) within three (3) days from receipt of Notification. If the potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the Notification is returned as undeliverable, such potential Grand Prize Winner forfeits their right to the Grand Prize, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. If it is determined by the Sponsor or Administrator, in its sole discretion, that the potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits their right to the Grand Prize and the prize will not be awarded.  In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor/ Administrator shall have no liability or obligation to such individual.

9. Prizes:
Grand Prize: Grand Prize Winner will receive a custom ride on cooler. The Grand Prize has an approximate retail value (“ARV”) of $5,900.

Total ARV of all prizes is $5,900.

Products or any other element received as a prize may not be resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded.

Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded. GRAND PRIZE IS AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND SPONSOR EXPRESSLY DISCLAIM ANY WARRANTY OF
MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.

Grand Prize is nontransferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated Grand Prize should become unavailable for any reason.  Grand Prize Winner is responsible for all taxes and fees associated with the Grand Prize award, receipt and/or use. 

10. Release:  In exchange for the right to participate in the Promotion, Grand Prize Winner agrees to release and hold harmless Sponsor, Administrator and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and each such company’s officers, directors, employees, agents and Instagram (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of
participation in or in connection with the Promotion or receipt or use or misuse of any prize. Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws
requiring the intent to release future unknown claims. 
 
11. Publicity:  Except where prohibited, participation in the Promotion constitutes the Grand Prize Winner’s consent to Sponsor’s and its agents’ use of the Grand Prize Winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Promotion, Grand Prize Winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever,
throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation.  All Entrants understand and agree that any recourse or claim for damages based on Sponsor, Administrator, or their agents’ use of Grand Prize Winner’s name, image, information or likeness in accordance with this paragraph is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors,
transferees, licensees and assigns of my right of publicity. 
 
12. General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, without notice, for any reason at Sponsor’s sole discretion, including in the event of any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation
of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. 

Sponsor’s failure to enforce any term of these Official Rules shall not
constitute a waiver of that provision. By entering the Promotion and accepting a prize, the Grand Prize Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in the Promotion or prize-related activity. Grand Prize Winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify the Grand Prize Winner if they violate the policies of these Official
Rules; and, in such a case, the Grand Prize Winner will forfeit all remaining elements of the Grand Prize and still be solely responsible for all taxes and other expenses related to the Grand Prize.

13. Limitations of Liability:  The Released Parties are not responsible for:  (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind including, but not limited to malfunctions, interruptions, traffic congestion, or disconnections in phone lines or network hardware or software whether originating with Entrant, Sponsor, or any
third party; (c) unauthorized human intervention in any part of the entry process or
the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize.  If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s
sole remedy is another entry in the Promotion, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the number of prizes stated in these Official Rules be awarded. 
 
14. Disputes:  THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED
STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF
LAW DOCTRINES.  As a condition of participating in this Promotion and/or accepting an awarded prize, each Entrant agrees that any and all disputes that 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 New
York having jurisdiction.  Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Entrant’s actual out-of-
pocket expenses (i.e., evidenced costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased. 
  
15.  Winner List:  For the name of the Grand Prize Winner, send a self-addressed, stamped envelope by November 2, 2024 to: Dad Water “Social Giveaway” Promotion Optivate Agency Inc., 4403 Oleander Dr, Ste C #251, Wilmington, NC 28403. Grand Prize Winner’s first name, last initial, city and state will be published in the winner’s list. Requests will be fulfilled after the
Grand Prize Winner is verified.

Please Drink & Enjoy Responsibly. Canned by Mom Water LLC.