Rules

SWEEPSTAKES RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF      WINNING.

1.     HOW TO ENTER. Beginning on November 6, 2023 at 12:01AM Eastern Time through December 3, 2023 at 11:59PM Eastern Time, log on to [URL] [and click on the icon] for the [name of sweepstakes] (“Sweepstakes”) and follow the on-screen entry instructions. Fill in all required information. You may enter only once. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. 

2.    ELIGIBILITY. The Sweepstakes      are open to residents of the fifty (50) U.S. states and the District of Columbia who are      21      years or older as of November 6, 2023      Employees of FUNKIN Ltd. (the “Sponsor”) and Gallavant PR (“Administrator”) and their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and      those living in the same household of each are not eligible to participate in the Sweepstakes. Sponsor and Administrator are referred to herein collectively as the “Promotion Parties.” The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

3.          AGREEMENT TO RULES.      By participating in the Sweepstakes, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein and on the Sweepstakes entry page      and the decisions or interpretations of Sponsor regarding the Rules, which are final and binding in all respects. Non-compliance with these Rules shall result in disqualification from the Sweepstakes. By participating in the Sweepstakes, each entrant waives any right to claim ambiguity in these Rules.     

4.    EMAIL NEWSLETTER. By entering the Sweepstakes, you agree to receive email newsletters periodically from Sponsor. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.     

5.    LIMITATION OF LIABILITY. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Sweepstakes; by any human error which may occur in the processing of the entries in this sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of the sweepstakes, or announcement of the prize[s]. If, in the Administrator's opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the sweepstakes, Sponsor reserves the right to request that the Administrator, in its sole discretion, cancel or modify this sweepstakes in a manner deemed appropriate by the Administrator. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form.    

6.    GENERAL RELEASE AND HOLD HARMLESS.  By entering this Sweepstakes and/or accepting a Prize, each entrant and winner (for himself or herself and his or her heirs) hereby releases, holds harmless, and forever discharges the Promotion Parties from any and all liability, loss, harm, damage, cost, or expense (collectively, a “Loss”) (i) associated with the entrant’s participation in this Sweepstakes, redemption of the Prize in connection with this Sweepstakes, attendance at any events related to this Sweepstakes, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) related to the production, promotion, or execution of this Sweepstakes (or participation therein), or claims based on publicity rights, defamation, or invasion of privacy; (iii) that may occur in connection with acceptance and/or use of the Prize; (iii) based on publicity rights, defamation, or invasion of privacy; and (v) related to any use of the entrant’s submission pursuant to the terms hereof.     

7.    DRAWING.    A random drawing will be conducted on or about December 3, 2023 by Administrator to select the winner[s] from among all eligible entries received. Odds of winning depend on the number of entries received. Potential winner[s] will be notified [by email/phone] and must sign and return any required Affidavit of Eligibility and Release within fifteen (15) days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this sweepstakes, entrant accepts and agrees to these Rules and the decisions of the Administrator, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use winner's name, likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.

               8.     PRIZE.      There will be only one (1) prize awarded in the Sweepstakes. The approximate retail value of the Grand Prize is $1020. The Grand Prize is (a) $500 gift certificate from a local or online food retailer or restaurant selected by winner; (b) a $250 gift certificate to a home store selected by winner; (c) $150 cash;, and (d) a premium beverage cooler from Crate & Barrel (valued at $120). Prize consists of only those items specifically listed as part of the prize. Limit one prize per family or household. No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. The prize will be awarded. If a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.     

     9.          CHOICE OF LAW AND FORUM.      Entrant agrees that all matters arising out of or relating to this Sweepstakes and these Rules are governed by, and construed in accordance with, the laws of Delaware, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this sweepstakes and these Rules shall be brought exclusively in the applicable federal or state courts located in Wilmington, Delaware. Except where prohibited, entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, or the determination of a winner, shall be resolved individually, without resort to any form of class action; and (ii) 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. IN NO EVENT WILL ANY OF THE PROMOTION PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE SWEEPSTAKES, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

     10.     PRIVACY POLICY.      Information submitted with an entry is subject to the Privacy Policy stated on the      Sponsor’s Web Site. Read the Privacy Policy here: https://funkincocktails.co.uk/policies/privacy-policy?_gl=1*1u77v9r*_up*MQ..*_ga*MTkwODg2MjIyNS4xNjk4MDgwNzE5*_ga_3ELH3BCTL4*MTY5ODA4MDcxOC4xLjAuMTY5ODA4MDcxOC4wLjAuMA...

     11.     WINNERS LIST: For the names of the winners, please contact us at [email address] and in the body of the email type ‘Please e-mail me the winners’ list for the Sponsor’s      Sweepstakes.

     12.     SPONSOR: The Sponsor of the Sweepstakes is FUNKIN Ltd., Crossley Drive, Magna Park, Milton Keynes, Buckinghamshire, MK17 8FL, United Kingdom.

     13      NO ENDORSEMENT.    The Sweepstakes      is      not      sponsored,      endorsed, or administered by, or associated with Facebook, Twitter,      YouTube, Pinterest,      LinkedIn, or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter,      YouTube, Pinterest,      LinkedIn, or Google.

14.    SEVERABILITY. In the event that any provision of these Rules shall be deemed illegal, such provision shall be removed and replaced with a legal provision that most closely matches the intent of such removed provision, and the remainder of these Rules shall remain in full force and effect.

15.    NON-WAIVER. The failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Rules.