Liquid Death Contest Rules

Agreement to Official Rules. By entering or participating in the Contest (each participant an “Entrant”), you accept and agree to be bound by these “Official Rules.”
Eligibility. The Contest is open to legal residents of the 50 United States, DC, and Canada (excluding Puerto Rico and Quebec), eighteen (18) or older as of the date of entry, who (i) have an active Instagram or TikTok account and Internet access; and (ii) work in or own a café, coffee shop, or similar establishment that carries Liquid Death product. The following individuals are not eligible to participate in the Contest: (i) employees, contractors, directors and officers of Odeko or Sponsor, and each of their respective parent companies, subsidiaries and affiliated companies, distributors, and web design, advertising, fulfillment, judging and other agencies involved in the administration, development, fulfillment and execution of such Contest (collectively, "Contest Parties"); (ii) any spouse, parent or child of any of the Contest Parties; and (iii) any other individual or company that Odeko or Sponsor determines to be ineligible due to a conflict of interest or other reason.
How to Enter. Entry deadline is Friday, March 10, 2023 at 11:59 PM ET. You may enter the Contest by (i) following Odeko and Liquid Death on Instagram and/or TikTok (@officialodeko and @liquiddeath) and then (ii) posting a picture or clip of Liquid Death being displayed for sale at the establishment you own or work in in a unique and fun way (the “Activity”) on Instagram or TikTok with the hashtags #WeSellLiquidDeath and #Contest (a “Submission”). Sponsor reserves the right to reject any Submission that is made through an Instagram or TikTok account that does not follow both Odeko and Liquid Death at the time the Submission is reviewed or the Winner is selected.

There is no limit on the number of online entries per Entrant during the entry period. Entrants violating any of these Official Rules may be disqualified. By entering the Contest, you agree that your Submission without limiting these Official Rules, is subject to the Instagram Terms of Use or the TikTok Terms of Service, as applicable.
Submission Requirements.
1. By entering a Submission, you represent and warrant that each Submission: (i) is your original creation and does not contain content that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy (“Intellectual Property Rights”), or violate any applicable law or regulation; (ii) has not been previously awarded a prize, or award during any other contest or promotion sponsored by Sponsor or any third party; (iii) is not obscene, lewd, profane, pornographic, disparaging, indecent and does not describe illegal behavior; (iv) has not been published or distributed previously in any media, including, without limitation, on the Internet; (v) does not contain any claim that is not and cannot be substantiated or that would be false and/or misleading to a reasonable consumer; (vi) if applicable, is compliant with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255); and (vii) does not contain or anticipate the inclusion of any commercial content that promotes any product, service or objective other than those of Odeko or the Sponsor.
2. By entering a Submission, you also represent and warrant that: (i) you are eligible to enter the Contest; (ii) you have received written consent from every person who appears in or is heard in your Submission (each, a “Participant”) for such Participant’s inclusion in such Entry; (iii) to be eligible to be selected as a winner of a Contest, you must provide proof of each Participant’s written consent; and (iv) you have received written consent from an authorized representative of every location that appears in your Submission for inclusion in such Submission, other than any location that you own.
3. If a Submission does not meet the criteria described in these Official Rules, Sponsor may disqualify and discard the Submission either immediately or at any time. By entering a Submission, you acknowledge that Sponsor may obtain other Submissions that are similar or identical in theme, format or other respects to that submitted by you. You acknowledge that Sponsor does not waive any rights to use ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant, which may be similar to your Submission. You also agree that Submissions may or may not be posted on the Sponsor’s or Odeko’s website, in Sponsor’s or Odeko’s sole discretion. By entering a Submission, you agree that Sponsor is not responsible for any unauthorized use of Submissions by third parties.
Rights in Submissions Granted by You. By entering the Contest, you hereby grant to Sponsor an irrevocable and non-exclusive, royalty-free, worldwide, perpetual, fully transferable, sub-licensable right and license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform or otherwise exploit your Submission for any purpose including the marketing and promotion of Sponsor and its products and services, in whole or in part, in edited, altered or modified form, and in all media now known or hereinafter invented. You hereby agree not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor, or any other person, on the grounds that use of your Submission as provided herein, infringes your rights as a creator of the Submission.
Judgement of Submissions and Selection of the Winner. All qualified Submissions will be judged by Sponsor. Submissions will be judged according to the following: (i) originality/creativity (50%); and (ii) emotional appeal (humor and ridiculousness) (50%). The Entrant whose Submission earns the highest overall score across all criteria will win. The decision of Sponsor will be final.
Prize and Odds. The Prize to be awarded from the Contest is as follows:

One (1) Grand Prize winner (“Winner”) will receive one pallet of Liquid Death product to be selected by Sponsor.

Chance plays no part in the determination of the Winner. The Contest is skill based, and the odds of winning the prize depends on the total number of eligible entries received and the skill of the Entrants. No cash or other substitution of the prize is permitted, except at the sole option of Sponsor for a prize of equal or greater value. The prize may not be transferred or assigned. Only the prize listed above will be awarded, and no other prizing or substitutions will be made except at the sole discretion of Sponsor. Sponsor and Odeko will not replace any lost or stolen prize. Winner is solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to the prize.
Taxes. Any valuation of the prize is based on available information provided to Sponsor, and the value of any prize awarded to Winner will be reported for tax purposes as required by law. Winner must provide Sponsor with a valid taxpayer identification number or social security number before any prize will be awarded. Winner is solely responsible for reporting and paying any and all applicable taxes.
Notification of Winner. Winner will be notified by direct message and/or email within five (5) business days of Winner’s selection, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If the selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner will be selected from remaining valid, eligible Submissions timely submitted. In the event of a dispute regarding who submitted a Submission, the Submission will be deemed submitted by the authorized account holder of the Instagram or TikTok account that submitted the Submission. "Authorized account holder" is defined as the natural person or company who is assigned to, or identified as the owner of, the account by Instagram or TikTok (as applicable).
Disclaimers.
1. Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries or Submissions, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
2. THE PRIZE IS PROVIDED “AS IS.” SPONSOR AND ODEKO SPECIFICALLY DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. IN NO EVENT WILL SPONSOR OR LIVE NATION BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST OR THE ACCEPTANCE AND USE OF A PRIZE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR OR ODEKO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification. You agree to indemnify, defend and hold Sponsor and Odeko, their affiliates and each of its and their respective parents, directors, officers, employees, representatives, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest (collectively, the “Indemnitees”), harmless from any and all costs and expenses (including reasonable attorney fees and court costs) damages, losses, liabilities and obligations, in connection with any claim, investigation, demand, suit or action by a third party against an Indemnitee of any nature that in any way arises from participation in this Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any third party claims made in connection with your Submissions, or any breach of any representations and warranties made by you in connection with your Submissions; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest, including without limitation your performance of the Activity for the Submission; and (iii) any other act or omission by you (including, without any limitation, any actual or suspected fraudulent activity) performed in connection with this Content.
Publicity. Except where prohibited, by participating in the Contest, you consent to the perpetual use of your name, photo and/or likeness, biographical information, and statements attributed to you as an entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s or Odeko’s newsletters, Instagram, TikTok, other social media, Sponsor’s homepages at https://liquiddeath.com/, Odeko’s website at https://www.odeko.com/, without additional compensation.
Additional Conditions. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest in whole or in part, if in Sponsor’s opinion (a) the Contest is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsors’ control, or (b) any other factors beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, in all instances without liability to the entrants. Sponsor also reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion. All Prizes are for personal consumption only and may not be resold or otherwise used for commercial purposes.
Governing Law and Choice of Forum. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in the federal or state courts located in Los Angeles, California.
Personal Information. Sponsor and Odeko may collect personal data about entrants online, in accordance with its privacy policy and as may be more specifically set forth in these Official Rules. Please review these Official Rules; Sponsor’s privacy policy at https://liquiddeath.com/pages/privacy-policy; and Odeko’s privacy policy at https://odeko.com/pages/privacy-policy.
Winner’s List, Official Rules. For a list of prize winners, send an email message to info@liquiddeath.com with “Winner’s list” as the email subject and the Contest name specified in the body of the email. Requests must be received within four (4) weeks of the end of the Contest Period.
Sponsor’s Address: Supplying Demand Inc, 1441 2nd St, Suite 200, Santa Monica, CA 90401.

All inquiries regarding the Contest should be directed to Sponsor.

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