Instagram Giveaway Rules

IRS Cocktails Instagram Giveaway

Official Rules and Regulations

Last updated August 1, 2020

The following rules and regulations (the “Official Rules”) govern the IRS Cocktails Giveaway (“giveaway”):

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF CALIFORNIA, OREGON, WASHINGTON, IDAHO, NEVADA, ARIZONA AND NEW MEXICO WHO ARE 21 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

HOW TO ENTER: The giveaway will start on the date the authorized IRS Cocktails account (“Contributor”) makes a post (“Post”) to Instagram™ featuring the IRS Cocktails product giveaway. You may enter the giveaway by (i) following the official IRS Cocktails account (@irscocktails) on the free Instagram™ application through your mobile device (Entry may be subject to fees under the terms of the entrant’s mobile device subscription plan; contact your carrier for pricing plans and details), (ii) tagging a friend in the comments of the Post posted by the Contributor to Instagram™, and (iii) completing any additional entry requirements outlined in the Post (“Entry” or “Entries”). ALL ENTRIES MUST BE MADE IN ACCORDANCE WITH THESE OFFICIAL RULES AND BE RECEIVED BY 11:59 PM (PST) SEVEN DAYS AFTER THE GIVEAWAY POST DATE, TO BE INCLUDED IN THE SELECTION.

GIVEAWAY PERIOD; DEADLINE FOR SUBMISSION OF ENTRIES: The giveaway runs from the date the Contributor posts the Post, through 11:59 p.m. (PST) seven days after (the "giveaway Period"). Entries must be received by 11:59 p.m. Pacific Time on the last day, date to be included in the selection.

ELIGIBILITY; PERSONAL INFORMATION: Open and offered only to legal residents of California, Oregon, Washington, Nevada, Arizona, New Mexico, and Idaho who, as of the Post date, are at least 21 years of age. Employees, officers and representatives of IRS Cocktails INC (“IRS Cocktails” or the “Promotion Sponsor”), and its affiliated companies, advertising and promotion agencies, Contributors, as well as the immediate family (spouse, parents, grandparents, grandchildren, in-laws, siblings and children and their respective spouses) and household members of each such person, whether or not related, are not eligible. No mechanically reproduced Entries will be accepted. The giveaway is subject to all applicable laws and regulations and is in no way sponsored, endorsed or administered by, or in association with, Instagram™ or any event organizer. The Instagram™ trademarks displayed in these Official Rules are property of Instagram, Inc.

PRIZE WINNERS: Two (2) prize winners will be selected by a random drawing conducted by the Contributor or its agent within forty-eight hours after the giveaway Period ends, from all eligible Entries received within the giveaway Period. The drawing will be final and binding on all matters related to the giveaway. Eligible Entries are fully completed Entries received during the giveaway Period and that otherwise meet the requirements described in these Official Rules. A winner does not need to be present at the drawing and will be notified by direct message on Instagram™ from Contributor’s official Instagram™ account on or about the day after the giveaway Period ends, of their name being drawn. Upon notification, a winner must claim his or her prize by sending a direct message to the Contributor’s official Instagram™ account with contact information. If a winner does not respond within three (3) days of notification, the Contributor may select an alternate winner from the remaining eligible Entries. A winner’s prize will be available no later than one (1) month from the end of the giveaway Period.

PRIZE: A total of two (2) prizes will be awarded. The odds of winning the prize depend on the number of Entries received during the giveaway Period. The following prize will be awarded:

Exactly two (2) grand prizes (the “Grand Prize”) consisting of the following: one (1) bottle of Hotter Melon, one (1) bottle of Last Aloha, one (1) bottle of O’Side Sling, one (1) IRS Cocktails branded hat, and one (1) IRS Cocktails branded shirt (style, sizing and color based on availability at IRS Cocktails’s sole discretion). The Grand Prize has an Approximate Retail Value (“ARV”) of $250.00.

General Prize Conditions: Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Any federal, state and local taxes on any prize and all costs and expenses associated with prize acceptance and use not expressly specified herein as being provided are the sole responsibility of the respective winner. There is a limit of one (1) prize per household or family. Each prize is non-transferable and may not be redeemed for cash by the winner. The difference between any stated value and the actual value of a prize will not be awarded to the winner. No prize substitutions shall be permitted except at the Promotion Sponsor’s sole discretion. The Promotion Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion. All prize details are at the Promotion Sponsor’s sole discretion. If a prize is rejected or returned by a winner, the prize may be awarded to an alternate winner selected at random from the remaining Entries.

WINNER REQUIREMENTS: The winner will be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a Publicity Release (together with any other documents that may be requested by the Promotion Sponsor), which must be returned along with valid proof of age or an alternate winner for that prize may be chosen.

LIMITATIONS OF LIABILITY; RELEASE AND INDEMNIFICATION: The Promotion Sponsor is not responsible for any: (a) telephone, computer system, hardware, software, network or other technical failure, malfunction or error; (b) communication disruption or delays, including those related to or caused by Internet traffic, virus, bug, non-authorized intervention or human error; or (c) damage caused by computer virus or bug, resulting in damage to any computer or cell phone from an entrant’s access or the giveaway Website. The Promotion Sponsor further is not responsible for printing or typographical errors in any giveaway-related materials; for stolen, lost, late, misdirected, damaged, incomplete, illegible Entries; or for transactions that are lost, misdirected, or fail to enter into the processing system, or that are processed, reported or transmitted late or incorrectly, or that are lost for any reason, including, without limitation, computer, telephone, paper transfer, or human error; or for electronic, computer, or telephonic malfunction or error. Each winner acknowledges that the Promotion Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF GIVEAWAY IS A VIOLATION OF CIVIL LAW. SHOULD AN ATTEMPT BE MADE, THE PROMOTION SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Promotion Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the giveaway or any element thereof and the Promotion Sponsor may select to award the Grand Prize using all eligible, non-suspect entries received as of the date of action requiring such termination. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.

By participating in the giveaway, each Entrant agrees to indemnify and hold harmless all giveaway Entities (defined as the Promotion Sponsor, and all sponsors and administrators of the giveaway, along with their respective parent entities and subsidiaries, affiliates, successors, assigns, directors, officers, employees, attorneys and agents) from and against any and all injuries, losses, damages, claims and actions of any kind arising from or relating to participation in the giveaway, or acceptance, possession, use, misuse or nonuse of any prize that may be awarded, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages. By accepting a prize, each winner further releases all of the giveaway Entities from any and all claims, liability, loss or damage arising out of or in connection with the awarding, receipt, possession and/or use or misuse of any prize or participation in any prize-related activity.

RIGHT TO CANCEL OR SUSPEND GIVEAWAY; DISQUALIFICATION: The Promotion Sponsor reserves the right, in its sole discretion, to cancel or suspend this giveaway in whole or in part, without advance notice should virus, bugs, technical malfunctions or other causes beyond the Promotion Sponsor’s control corrupt the administration, security or proper play of the giveaway. Persons found tampering with or abusing any aspect of this giveaway, or whom the Promotion Sponsor believes to be causing malfunction, error, disruption or damage, or who is not in compliance with these Official Rules will be disqualified and any associated prize claim will be void.

RIGHT TO USE NAME, PHOTO AND LIKENESS: By accepting a prize, each winner consents to the use of their respective names, cities and states of residence, photos and/or likenesses in any and all media, now or hereafter devised, worldwide, in perpetuity, by the Promotion Sponsor for advertising and promotional purposes without additional compensation, notification or permission, except where prohibited.

RULES/WINNER'S LIST: For a copy of the winner’s list or Official Rules, send a self-addressed, stamped envelope to:

IRS Cocktails

603 Seagaze Dr Ste. 1020

Oceanside, CA 92054

The winners’ list will be available after thirty (30) days from the end of the giveaway Period.

GOVERNING LAW, DISPUTE RESOLUTION: The giveaway will be governed by California law. Any and all disputes regarding the giveaway or these Official Rules will be settled by final and binding arbitration in San Diego County, California, pursuant to the rules and procedures of the American Arbitration Association. Except as expressly provided in the giveaway to arbitrate, no claim may be joined with another dispute or lawsuit, or consolidated with the arbitration of another claim, or resolved on behalf of similarly situated persons, or brought as private attorney general or on another similar representative basis. For any claim subject to arbitration, you may not participate in a class action in court or in a class-wide arbitration, either as a plaintiff or claimant, class representative or class member.

GENERAL: Each person who participates in the giveaway fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Promotion Sponsor, which shall be final and binding in all respects.

SPONSOR: The Sponsor of the giveaway is IRS Cocktails Inc., located at 603 Seagaze Dr Ste. 1020, Oceanside, CA 92054.

FURTHER ACKNOWLEDGMENT REGARDING THE SPONSOR: Your participation indicates that you understand and agree that IRS Cocktails Inc. provides promotional and marketing services related to the sale of alcoholic beverages by licensed sellers, and that IRS Cocktails Inc. does not manufacture, distill, bottle, distribute or deliver alcoholic beverages on behalf of its own account. Instead, IRS Cocktails Inc. directs and oversees the placement of orders for alcoholic beverages to a licensed seller, who fills the order and delivers it to you. You understand and agree that IRS Cocktails Inc. is not a distilled spirits manufacturer or a distilled spirits manufacturer’s agent, does not hold itself out as such, and does not perform activities for which an alcoholic beverage license is required.