Malibu Splash Music Fest Sweepstakes
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:
<![if !supportLists]>· <![endif]>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.
<![if !supportLists]>· <![endif]>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.
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