Official Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who are 21 years of age or older as of the date of entry. The Campaign is only open to legal residents of the United States of America, and is void where prohibited by law. Employees of ASM Holdings LLC (“Company”), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of ASM Holdings LLC as final and binding as it relates to the content of this Campaign.
3. Campaign Period: This is an ongoing quarterly campaign which can be cancelled or paused at any time and for any reason at the sole discretion of Company. There will be one Winner of each campaign period only if there is a minimum of 10 new entries of that period. If the minimum entry amount is not met, there will be no Winner for that period and all entries will be rolled over into the next period. Entries for each campaign period will be accepted starting on the first day of every quarter of the calendar year and ending on the last day of every quarter of the calendar year. The campaign period is subject to change at anytime for any reason at the sole discretion of Company. Any changes will be posted on www.thesecardswillgetyoudrunk.com/contest.
4. How to Enter: The Campaign must be entered by posting on the Contestant’s personal Twitter, Facebook or Instagram account a picture of the physical product These Cards Will Get You Drunk, include a unique caption and tag “@thesecardswillgetyoudrunk” (Facebook and Instagram) or “@tcwgyd” (Twitter), as well as “#contest”. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Company. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Company.
5. Prizes: The Winner of the Campaign will receive $100 in cash, payable by physical check or Paypal. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for prize equivalent by Winner is permitted. Acceptance of prize constitutes permission for Company to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: The Winner will be selected by the sole discretion of Company. The Winner will be notified by a public social media post on Company’s Facebook, Twitter and Instagram pages within five (5) days following selection of Winner. Company shall have no liability for Winner’s failure to receive notices. If Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT COMPANY’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Company, anyone acting on behalf of Company, and Company’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, social media username, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Company. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Company from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Company may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Company’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Company may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Company. Company reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Company has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Company reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Company and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in SAN FRANCISCO COUNTY, CALIFORNIA having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: ASM Holdings LLC, 1728 Ocean Ave. #362, San Francisco, CA 94112.
14. Sponsor: The Sponsor of the Campaign is ASM Holdings LLC, 1728 Ocean Ave. #362, San Francisco, CA 94112.
15. Facebook, Instagram and Twitter: The Campaign hosted by Company is in no way sponsored, endorsed, administered by, or associated with Facebook Instagram or Twitter..
16. Confirmation. By entering into the Campaign, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.