(“Sweepstakes”) Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. Purchase does not improve chance of winning.
1. Sweepstakes is open to legal residents of Michigan, Colorado, Kansas, Texas, Wisconsin, Arkansas, Iowa, Louisiana, Indiana, Ohio, Kentucky, West Virginia, Pennsylvania, New Jersey, Connecticut, Rhode Island, Massachusetts, Tennessee, Mississippi, Alabama, Georgia, Florida, North Carolina, and South Carolina who are twenty-one (21) years of age or older at the time of entry. Employees, officers, directors and agents of Mighty Swell Cocktail Co. and Austin Woman (“Sponsor”) and their respective parent companies, subsidiaries, affiliates, divisions, agents, third-party administrators and advertising agencies (collectively, the “Sweepstake Providers“) and each of their immediate families (parents, siblings, children and/or spouses), regardless of where they live, or members of the same household (whether related or not) are not eligible to enter or win. Void where prohibited or restricted by law. All applicable federal, state and local laws and regulations apply.
2. Sweepstakes begins on June 9th, 2021 and ends on June 11th, 2021 (the “Sweepstakes Period“).
3. To enter the Sweepstakes during the Sweepstakes Period, participants must comment on the Austin Woman Instagram post referencing this sweepstakes which will appear on the Austin Woman Instagram page (@austinwoman). Entrants must also follow the @MightySwell and @austinwoman Instagram pages through the end of the Sweepstakes Period to be eligible to win. Incomplete entries will be disqualified. Sponsor is not responsible for late, lost, stolen, damaged, garbled, incomplete, illegible or misdirected entries. You must have a current Instagram account to enter the Promotion by this method. You may create your own account without cost. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
In the event of a dispute over the identity of an entrant, entry will be deemed completed by the authorized account holder of the mobile telephone number or the name of the authorized Instagram profile/account holder provided at time of entry. “Authorized account holder” is defined as the natural person who is assigned to a mobile telephone number or email address by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization responsible for assigning the same, as applicable.
4. Grand Prize: One (1) Grand Prize is available. The Grand Prize consists of one (1) custom Mighty Swell cooler. Total Approximate Retail Value (“ARV”) of each Grand Prize is $170.00. Total ARV all prizes is $170.00. The odds of winning any prize depend on number of eligible entries received.
5. One (1) Grand Prize Winner will be selected in a random drawing to take place on or about June 11, 2021 from among all eligible entries received. The random drawing will be conducted by wask.co, an independent organization (“Administrator”), whose decisions are final and binding on all aspects of this Sweepstakes. The potential winners will be notified by an Instagram message using the account information provided or collected at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, such potential winner will forfeit the prize award and an alternate winner may be selected.
6. By entering this Sweepstakes, each entrant agrees to be bound by these Official Rules and by all decisions of the Sponsor and/or Administrator, which are final and legally binding in all matters related to this Sweepstakes. By participating in this Sweepstakes, each entrant (to include entrant’s parent/legal guardian, if entrant is a minor) hereby (a) releases and agrees to hold harmless, the Sweepstakes Providers, and Instagram, Inc. from any loss, damage, expense, rights, claims, demands, promises and actions of any kind arising out of or in connection with participation in this Sweepstakes or the acceptance, use or misuse of any prize, and, (b) agrees not to pursue any right, claim or action against the Sweepstakes Providers, or Instagram, Inc. in connection with their participation in this Sweepstakes. Winners agree to grant to Sponsor the right to use their name, portrait, picture, voice, likeness and/or biographical information in any media now known or hereafter devised for advertising and publicity purposes throughout the world, in perpetuity, without additional compensation (except where prohibited by law).
Neither Sponsor, nor any other Sweepstakes Providers are responsible for lost, illegible, late, misdirected, incomplete, or non-delivered entries; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, wireless carrier, telephone, or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone, wireless or cable transmissions, or lines, or technical failure or filtered, jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor any other Sweepstakes Providers are responsible for any incorrect or inaccurate information; and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, or communications line failure. Neither Sponsor, nor any Sweepstakes Provider is responsible for injury or damage to participants’ or any other person’s computer, mobile telephone or other device, related to or resulting from participating in this Sweepstakes.
If, for any reason, Sweepstakes, in the sole opinion of Sponsor, is not capable of running as planned by reason of any causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend Sweepstakes, and determine winners from entries appropriately received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with entry process or operation of Sweepstakes, and to pursue any and all available legal actions or remedies regarding the same.
7. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of Texas and waives objection to the venue of any proceeding in such court or that such court provides an inconvenient forum; (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, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of Texas without giving effect to any choice of law or conflict of law rules (whether of the state of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Texas. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
8. The Sponsor is Mighty Swell Cocktail Co., 706 Guadalupe Street, Austin, TX 78701.
9. For the name of the winner, visit Austin Woman’s Instagram after June 11th, 2021.