Malibu Splash Music Fest
Sweepstakes
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING SWEEPSTAKES IS VALID
ONLY IN THE (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.), AND IS
OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID
ELSEWHERE AND WHEREVER PROHIBITED. BY PARTICIPATING IN THIS
SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF
SPONSOR AND ADMINISTRATOR. DO NOT PARTICIPATE IN THE SWEEPSTAKES IF
YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY
REQUIREMENTS AS SET FORTH BELOW.
Sweepstakes Name: Malibu Splash Music Fest Sweepstakes
(the “Sweepstakes”).
Sweepstakes Dates: Sweepstakes registration is
scheduled to begin at 12:00:00am Eastern Time (“ET”) on 5/1/2023 and
end at 11:59:59pm ET on 9/5/2023 (the “Registration
Period”). The Sweepstakes is subject to all applicable
federal, state and local laws and
regulations, and is void outside of the (50) U.S. and District of Columbia, and
wherever prohibited or restricted by law.
Who may Enter: Sweepstakes is
open only to legal residents of the (50) United States or D.C., who are age 21
or older as of date of entry, and have a valid U.S. driver’s license or
government issued photo ID, except the following persons who are not eligible
to enter, participate or win:
(a) Employees, officers, and
directors of Malibu Splash (“Sponsor”), Million Dollar
Media (the “Sweepstakes Administrator”), United States
Beverage, and each of the foregoing’s respective franchisees, owners,
employees, contractors, parents, affiliated companies, subsidiaries,
distributors, retailers, printers, advertising and promotion agencies, any and
all other companies associated with the design or execution of this
Sweepstakes, or any employees, officers, directors, members, shareholders or
agents of any alcohol-beverage retailers, distributors, wholesalers or
manufacturers (collectively, “Released Parties”), and the members of the
immediate families or households, whether or not related, of any of the above.
“Immediate family members” includes, for purposes of this Sweepstakes, parents
(including in-laws), grandparents, siblings (including step-siblings),
children (including step-children), grandchildren (including step
grandchildren) and each of their respective spouses, regardless of where they
reside.
How to Enter – Online Entry: To enter, scan the QR Code on
applicable point of sale materials using your mobile device’s camera or
directly visit www.MalibuSplashSummer.com during the
Registration Period, and connect to the Sweepstakes registration
page. Follow the online instructions provided to complete the online
registration page with all required information including your name, valid
email address, phone number (including area code), date of
birth, city and state of residence. After having read and agreed to
these Official Rules, click the submit button to submit your online
entry. All entries must be fully complete with all required information, and must be received by 11:59:59 pm ET
on 9/5/2023 to be eligible.
Any available opt-in opportunities are not required to enter the Sweepstakes,
and opting-in will not improve your chances of winning. By
participating and submitting an entry, entrant agrees that sponsor and
participating parties are authorized to contact entrant via email, text, mail,
phone or any other form of media to make entrant aware of information pertinent
to the Sweepstakes, and to distribute information regarding the Sponsor(s)
featured products, special events or future contests, promotions or offers if the entrant has opted-in to receive offers and promotions as
part of completing the entry form. Entrants may opt-out of any
further email communication at any time by simply replying REMOVE to any
email message, or following the provided
opt-out instructions.
Maximum of one entry per person, regardless of entry method. Any incomplete or illegible
entries will be disqualified. Any entry submitted with an invalid
email address or other inaccurate, incomplete, or incorrect information will be
disqualified. Released Parties are not responsible for lost, late, misdirected,
illegible, incomplete, invalid, unintelligible, damaged entries, or for entries
submitted in a manner that is not expressly allowed under these rules, or
for any entry not submitted or received due to any technical error or failure,
unauthorized human intervention, inaccurate capture or mis-entry of any
required information, or the failure to capture any such information for any
reason including programming or technical errors, or effects of hackers or
failure of any electronic equipment, computer or cellular transmissions and/or
network connections; all of which will be disqualified.
Each participant must submit an entry on his/her own
behalf. Any entry submitted on behalf of another individual or using
another person’s email address, name or mobile number will be disqualified and
ineligible to claim any prize. Any attempt by any participant to
obtain more than the stated number of entries allowed by using same,
multiple/different mobile numbers, identities, or any other methods void that
participant's entries and that participant
may be disqualified. No mechanically reproduced or automated entries
permitted. Use of any automated system to participate is prohibited
and will result in disqualification and all such entries will be deemed
void. All entries received become the property of the Sponsor and
will not be returned.
In the event of a dispute as to any online registration, the
authorized account holder of the email address used to register will be deemed
to be the registrant and he/she must be eligible according to these Official
Rules. The “authorized email account holder” is the natural person
assigned an email address by an Internet access provider, online service
provider or other organization responsible for assigning email addresses for
the domain associated with the submitted address.
By registering to enter Sweepstakes, you affirm that you have read
and accepted these Official Sweepstakes Rules. All entrants agree to
be bound by and abide by the official rules of the Sweepstakes.
Winner Selection and Notification: Sponsor shall conduct a
random prize drawing on or about 9/8/2023 from among all eligible
entries received to select two (2) potential prize winners (maximum of
one (1) grand prize winner from any eligible state or D.C.).
Each potential winner will be notified initially by phone and/or
email following their selection. If the Administrator is
unsuccessful in its attempt to reach and speak directly with any selected potential
prize winner by phone within 48-hours of the initial notification attempt to
the phone number or email address associated with that entrant’s entry, then
that entrant may be disqualified and an
alternate potential winner may be randomly selected from among the remaining
eligible entries and notified as per the procedures outlined above (time
permitting).
During winner notification, the selected potential winner must
confirm their eligibility, and indicate their willingness and ability to accept
the prize. The potential winner will then receive official
notification via mail or email delivery, including prize acceptance documents
which must be completed and returned (see below). If the selected
winner does not meet the eligibility requirements, is unable or unwilling to
accept the prize, elects to decline the prize, or fails to return the required
prize acceptance documents as instructed within the required deadline, s/he
will be disqualified and, at Sponsor’s discretion and time permitting, an
alternate winner will be randomly selected from among all remaining eligible
entries and notified as per the procedures outlined above. Any
disqualified entrant will not receive any alternate prize substitution or
compensation.
All
of the following will apply to the grand prize winner: 1) Winner will be
required to complete and return, within 3-days of date of receipt, a prize
acceptance form, including an affidavit of eligibility and a
liability/publicity release signed by both the winner and their travel guests,
each age 21 or older (publicity release where permitted) and a W-9 form; 2) Winner may be required to present a copy
of a valid social security card and a valid driver’s license as a condition of
participating or receiving any prize; and
3) Winner will be issued a 1099 form reflecting the value of the grand prize
award and is responsible for paying all applicable taxes (including, but not
limited to all local, state and federal taxes) on all prizes awarded. Failure to collect or properly claim any
prize in accordance with these rules will result in forfeiture of the
prize. If forfeited for any reason,
finalist will not receive any other prize substitution or compensation, and the
prize will remain the property of Sponsor and will not be awarded, except as
provided herein.
Decisions of the Sponsor and Administrator in the selection and determination
of prize winners and all matters relating to this Sweepstakes are final and
binding.
Grand Prize Awards (maximum two (2) prize
awards): Each
eligible entrant designated as a grand prize winner shall be awarded one (1)
Malibu Splash music fest trip package including:
·
One (1) $2,000 Stubhub gift card toward music festival
tickets. Stubhub gift card subject to
the Terms and Conditions, including any expiration,
of the provider policy.
·
One (1) $2,900 gift card from the Sponsor designated gift card
provider toward travel costs. Gift card
subject to the terms and conditions, including any expiration, of the issuing
gift card provider policy.
Approximate retail value (“ARV”) of each prize: $4,900. Total
ARV of all available prize awards: $9,800.
General Prize Conditions: No alcoholic
beverage is part of any prize award. Prize awards (where
applicable) shall be shipped to winner’s residential address as provided at the
time of entry and/or winner notification via USPS or other Sponsor designated
shipping/mail carrier. Allow eight to twelve (8-12) weeks for prize
delivery. Once shipped, the prize shall be considered awarded, delivered and fulfilled, and Sponsor shall have no
responsibility for any shipment that is delayed, damaged, lost, misdelivered,
undelivered or stolen, or or any incorrect
shipping address provided by winner. In the event of any delivery
issues, prize award shall not be replaced or substituted with any alternate
prize award or compensation. Winner shall look solely to shipping
carrier for any lost, damaged, misdelivered, undelivered, stolen or delayed shipment.
All other costs and expenses related to prize acceptance,
delivery, redemption or use not specified herein as being provided are the sole
responsibility of winner. All income, federal, state and local taxes are the winner’s sole
responsibility. All prizes are awarded as is, without any warranty,
express or implied, by Sponsor. All prize awards are non-transferable and no cash redemption or prize
substitution allowed, except at Sponsor’s sole discretion or as provided
herein. Failure to collect or properly claim prize in accordance
with these Official Rules will result in forfeiture of the prize. If
forfeited for any reason, entrant will not receive any other prize substitution
or compensation, and the prize will remain the property of Sponsor
and will not be awarded, except as provided herein. All properly
claimed prizes will be awarded. Any unclaimed prizes will not be
awarded.
Additional
Rules & Restrictions: By participating, entrants agree to abide by and be bound by the
Official Rules and the decisions of the Sponsor and Administrator, which shall
be final in all matters relating to this Sweepstakes. In the event
an entrant wins a prize, and is later found
to be in violation of these rules he/she will be required to forfeit the prize
or to reimburse Sponsor for the stated value of the prize if such violation is
discovered after winner has used the prize. Participation in Sweepstakes
constitutes permission for the Sponsor, the Released Parties and
their designees to use entrants’ names, likenesses, images, biographical information,
and cities and states of residence for purposes of contacting potential winners
to notify them of a winning entry and to fulfill all necessary requirements to
receive the winning prize(s). False, fraudulent or deceptive entries
or acts shall render entrants ineligible for
any prize.
By
participating, entrants agree to hold all Released Parties harmless from any
claims, losses, actions, or damages of any kind, whether actual, incidental or
consequential, for injury (including but not limited to death), damages, losses
or expenses arising out of or relating to entrant’s participation in this
Sweepstakes, or the acceptance, possession or use/misuse of any prize, or
participation in prize-related activities (including but not limited to travel
or activity related thereto), and to assume all liability therefor.
Released Parties shall not be liable to winner or any other person
for failure to supply the prize or any part thereof by reason of any Force
Majeure Event. The term “Force Majeure Event” as used herein shall
mean, without limitation, the following: acts of God; strikes,
lockouts or other labor or industrial disturbances; acts of public enemies;
war; cyber-attack; orders or restraints of any kind from any governmental,
civil or military authority or from any of its departments, agencies or
officials (except when such governmental action results from a party’s failure
or refusal to comply with any applicable law, rule, or regulation);
insurrections; riots; power failure or surges; landslides; earthquakes; fires;
storms; lightning; droughts; floods; explosions; pest damage; viruses; plagues;
diseases; epidemics; pandemics; acts or omissions of communications or other
carriers; and any other cause or event not reasonably within the control of the
Released Parties.
Participants
are restricted to use of ordinary and typical computer equipment, mobile phone
equipment, Internet access and cellular networks. Sponsor disclaims all
liability for the inability of a participant to complete or continue an entry
due to equipment malfunction, busy lines, inadvertent disconnections, acts
beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability
for entries not received due to technical difficulties or transmission errors.
The Sponsor disclaims all liability for any delays, mis-delivery, loss, or
failure in the delivery of any item sent by mail, courier, express, electronic
transmission, or other delivery method. Released Parties are not
responsible for mechanical, technical, electronic, communications, telephone,
computer, hardware or software errors, malfunctions or failures of any kind,
including: failed, incomplete, garbled or delayed transmission of online
entries, traffic congestion on telephone lines, the Internet or at any website or
lost or unavailable network connections which may limit an online entrant's
ability to participate in the Sweepstakes, and any injury or damage to
entrant’s or any other person’s computer or mobile phone related to or
resulting from participating in or downloading any information necessary to
participate in the Sweepstakes. Released Parties are not responsible
for any other errors of any kind, whether computer, technical, typographical,
printing, human or otherwise, relating to or in connection with the
Sweepstakes, including, without limitations, errors which may occur in
connection with the printing or advertising of this Sweepstakes, administration
or execution of the Sweepstakes, the cancellation of the game, the processing
of entries or in the announcement of the prizes or prize
winners. Sponsor, in its sole discretion, reserves the right to
disqualify any person tampering with the entry process or the operation of the
Sweepstakes website.
Sponsor
reserves the right to cancel, modify, reschedule or terminate the Sweepstakes
for any reason including, but not limited to acts of God, pandemics, force
majeure, government regulatory action or ruling, fraud, misconduct,
or if any technical failures, or human or programming errors, destroy or
threaten the integrity of the Sweepstakes, in the opinion of the
Sponsor/Administrator, or if a computer virus, bug, or other technical problem
corrupts the administration, security, or proper conduct of the Sweepstakes as
determined by Sponsor/Administrator, in their sole discretion. In the event of
early termination of the Sweepstakes, Sponsor reserves the right to determine
prize winners in a random drawing from among all eligible, non-suspect entries
received as of the time/date of such termination.
IN CASE OF DISPUTES: By participating, each
entrant agrees that (1) any and all disputes, claims, and causes of action
arising out of or in connection with this Sweepstakes, or any prizes awarded,
shall be resolved individually, without resort to any form of class action, and
any judicial proceeding shall take place in a federal or state court within the
State of New Jersey; (2) any and all claims, judgments, and awards shall be
limited to actual out-of-pocket costs incurred, including costs associated with
entering this Sweepstakes, and in no event will entrant be entitled to received
attorneys' fees or other legal costs; and (3) under no circumstances will
entrant be permitted to obtain awards for, and entrant hereby waives all rights
to claim, punitive, incidental, and consequential damages, and any other
damages, other than for actual out-of-pocket expenses, and any and all rights
to have damages multiplied or otherwise increased. All issues and questions
concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of entrant and Sponsor in
connection with this Sweepstakes, shall be governed by, and construed in
accordance with the laws of the State of New Jersey, without giving effect to
any choice of law or conflict of law rules or provisions (whether of the State
of New Jersey or any other jurisdiction), that would cause the application of
the laws of any jurisdiction other than the State of New Jersey.
Odds: Odds of being selected as a prize winner are dependent upon the
total number of eligible entries received as of the date and time of each prize
drawing as outlined above.
Official
Rules & Winners List: For a copy of these Official Rules, or the name of
prize winner, send a self-addressed stamped envelope to be received by
10/15/2023 to: Malibu Splash Music Fest Sweepstakes, P.O. Box 278, Woodbridge,
NJ 07095. PLEASE SPECIFY which you are requesting,
official rules or winners list.
Sponsor: This Sweepstakes
is sponsored by Malibu Splash.
Sweepstakes
Administrator: The Sweepstakes is administered by Million Dollar
Media, P.O. Box 278, Woodbridge, NJ 07095.
Malibu
Splash Sparkling Malt Beverage with natural flavors. 5% Alc/Vol.
©2023
Produced and canned by United States Beverage, LLC, La Crosse, WI. All Rights
Reserved.