Au Vodka – Gold Car Giveaway Sweepstakes

OFFICIAL RULES


No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. VOID OUTSIDE THE UNITED STATES (NOT INCLUDING MAINE, VIRGINIA, OR WEST VIRGINIA), WASHINGTON D.C., THE UNITED KINGDOM AND WHERE PROHIBITED BY LAW. PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CREATE A CONTRACT THAT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

  1. Eligibility:

Au Vodka’s Gold Car Giveaway Sweepstakes (the “Giveaway”) is open only to consumers who are legal residents of the U.S. (including Washington, D.C., but excluding the states of Maine, Virginia, West Virginia) and the United Kingdom (collectively, the “Jurisdiction(s)”), who, at the start of the Entry Period (defined below), (i) are at least twenty-one (21) years old, (ii) have a valid driver’s license in their country, state, or jurisdiction of residence, and (iii) are physically located in one of the above-referenced Jurisdictions (“Entrant(s)” or “You”). Proof of residency, age and insurance is required to claim the Car Prize (defined below).

Employees, officers, and directors of Sponsor (defined below) or any of its parents, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Giveaway .

The Giveaway is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

Participation in the Giveaway constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements as set forth herein.

An Entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.

Alcoholic beverage licensees (manufacturers, distributors, and retailers), and their employees, officers and directors, are not eligible to participate.

Sponsor reserves the right to verify eligibility of winners.

  1. Sponsor:

Au Vodka USA LLC, 5775 Glenridge Drive, Building C, Sandy Springs, GA 30328 (“Sponsor”).

  1. Entry Period for Giveaway:

The Giveaway begins on 14 May 2024, at or around 02:00 PM Eastern Standard Time / 7:00 PM UK Time when Sponsor creates and publishes its giveaway social media post on the applicable social media platform (the “Giveaway Post”) and ends on 06 June 2024, at 02:00 PM Eastern Standard Time / 7:00 PM UK Time (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Submissions will be accepted for the duration of the Giveaway. Sponsor’s computer is the official time-keeping device for the Giveaway.

  1. How to Enter the Giveaway:

The Giveaway participation requires (i) access to the internet and (ii) a valid account on either Facebook or Instagram, and any standard internet connection is sufficient. Internet, access, phone, and usage charges imposed by your online or mobile service provider(s) may apply; no further charges will be imposed during participation.

There are two ways to enter the Giveaway. During the Entry Period, Entrant may enter the Giveaway by:

(1) following the Au Vodka Facebook page found at www.facebook.com/auvodka, liking the Giveaway Post, tagging three (3) friends in the comment section of the Giveaway Post, and sharing the Giveaway Post to the Entrant’s Facebook story; and/or

(2) following the Au Vodka Instagram page found at @auvodka, liking the Giveaway Post, tagging three (3) friends in the comment section of the Giveaway Post, and sharing the Giveaway Post to the Entrant’s Instagram story.

Each of the above methods of entry constitutes one (1) entry (“Entry”) into the Giveaway, for a maximum of two (2) entries into the Giveaway per Entrant. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED.

By submitting an Entry, you agree that Sponsor or its designees may contact you via direct message on Facebook and/or Instagram and/or tag you on Sponsor’s Facebook and/or Instagram page.

Entries must be submitted by Entrant. Automated or bulk entries or entries submitted by third parties will be disqualified.

Any attempt by any Entrant to obtain more than the permitted number of entries by using multiple/different email addresses, accounts, identities, forms, registrations and logins, or any other methods, will void that Entrant's entries and that Entrant may be disqualified at Sponsor’s discretion.

Use of any automated system to participate is prohibited and will result in disqualification.

Entrants are not permitted to share the same email address that is associated with the social media account used to enter the Giveaway. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Sponsor, at its discretion, may require a potential winner to show proof of being the authorized account holder or forfeit the Giveaway Prize. If a dispute cannot be resolved to Sponsor’s reasonable satisfaction, the Entry will be deemed ineligible. Entries specifying an invalid, non-working, or inactive email address associated with Entrant’s Entry will be disqualified and ineligible to win.

All information or steps required by these Official Rules must be completed and provided to be eligible. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any Entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.

Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Giveaway, as determined by Sponsor in its sole discretion.

  1. Winner Selection:

At the end of the Giveaway, one (1) potential winner of the Giveaway (“Potential Winner”) will be randomly selected from all eligible entries received during the Entry Period. Winner selection will take place on or about 7 June 2024. The odds of being selected as Potential Winner will depend on the number of eligible entries received by Sponsor.

The Potential Winner will be contacted on or about 7 June 2024, by direct message to the Facebook and/or Instagram account used to enter the Giveaway. It is an Entrant’s responsibility to monitor their Facebook and/or Instagram account to see if they are a Potential Winner. If the Potential Winner does not respond as instructed within five (5) calendar days after the date of the first attempt by Sponsor or its designees to contact him/her, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify Potential Winners.

  1. Verification of Winner:

The potential winner is subject to verification by Sponsor, including but not limited to verification under these Official Rules of the potential winner’s (i) identity, (ii) eligibility and (iii) compliance with the requirements to enter the Giveaway, which may include without limitation the potential winner providing Sponsor with a screenshot of their Instagram and/or Facebook ‘story’ archive  so as to evidence their ‘story’ share pursuant to the Entry requirements of the Giveaway. An Entrant is not a winner of any prize unless and until Entrant’s identity, eligibility, compliance with the requirements to enter the Giveaway, and the potential winning entry, have all been verified, and Entrant has been notified that verification is complete. The potential winner must provide a photocopy of their valid driver’s license and provide proof of insurance in order to claim the Car Prize.

Receiving a prize is contingent upon compliance with these Rules. The potential winner may be required to sign an affidavit, release, and/or appropriate income tax reporting documents in order to receive the prize. Failure to sign and return any such requested affidavit, release, or tax reporting document or to comply with any term or condition of these Official Rules may result in prize winner’s disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to a substitute prize winner.

  1. Prizes:

One (1) prize winner will receive the following prize (“Car Prize”): a 2023 Dodge Challenger Scat Pack wrapped in a gold color wrap with Au Vodka brand logo(s) displayed. Approximate Retail Value (“ARV”): $50,000.

  • The Total ARV of the prize is $50,000. All applicable federal, state and local taxes are the responsibility of the winner. Actual prize may differ from promotional images. The actual ARV of prize may differ from stated ARV and Sponsor will not award any difference between actual value and ARV. All prize details, including color and options of a vehicle, will be determined solely by Sponsor in its sole discretion.
  • Potential winner must be an insured, licensed driver to be awarded the vehicle. The winner must take possession of the vehicle within 30 days from winner selection. Upgrades and any other expenses not specifically identified in these Official Rules as included in the prize are the winner’s responsibility. All prizes awarded as-is; see manufacturer for details. Additional restrictions apply. Failure to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion. Winner must take delivery of prize as instructed by Sponsor.
  1. Release of Claims:

By receipt of any prize, winner agrees to release and hold harmless Sponsor, ITS direct or indirect parent, subsidiaries, affiliates, related entities, suppliers, distributors, advertising/promotion agencies and each such company’s officers, directors, members, employees, contractors, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, illness, injury, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt, possession, use or misuse of any prize.

  1. Indemnification:

To the maximum extent permitted by law, each Entrant agrees to defend, indemnify, and hold harmless Sponsor from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by Entrant or the breach of any representation or warranty made by Entrant in connection with the Giveaway; or (ii) any non-compliance by the Entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Giveaway.

  1. Publicity:

Except where prohibited, participation in the Giveaway constitutes Entrant’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.

  1. General Conditions:

Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Giveaway, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Giveaway, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prizes offered herein and to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  1. Limitations of Liability:

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

  1. Disclaimer of Warranties:

RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS GIVEAWAY OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Disputes, Agreement to Arbitrate; Choice of Law & Forum:

Except where prohibited, Entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Giveaway or any prize awarded shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys’ fees; and (2) 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. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Giveaway, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute, and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your entry. You may send a Dispute Notice to Sponsor at 5775 Glenridge Drive, Building C, Sandy Springs, GA 30328.

Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.

Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

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 Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

FOR ENTRANTS RESIDING IN UK: Nothing herein shall deprive any UK Entrant of any rights they may have under mandatory laws of the UK, including without limitation, the Consumer Rights Act 2015. Entrants shall be entitled to bring and defend claims in their home courts.

  1. Entrant's Personal Information:

Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.auvodka.us/policies/privacy-policy.

FOR ENTRANTS RESIDING IN THE UK: Entrants may object to their information being made available or may request that available information be reduced, by contacting Sponsor. In these circumstances, Entrants acknowledge that Sponsor may disclose relevant information to UK Advertising Standards Authority (and/or other competent authority), if required.

  1. Winner List:

For a winner list and/or copy of these Official Rules, please contact: Legal@auvodka.com.

 

Facebook®, Instagram® and Dodge® are registered trademarks of Meta Platforms, Inc., Instagram, LLC, and FCA US LLC, respectively, which are not associated with this Promotion. The services, products, or activities of Sponsor are neither endorsed nor sponsored, administrated by, or associated with Instagram, LLC, Meta Platforms, Inc. or FCA US LLC.

 

Abbreviated Rules

NO PURCHASE NECESSARY. To enter (i) follow @auvodka on Instagram, like the giveaway post posted by Sponsor, tag 3 friends in the comments below the post, and share the post to your story ; and/or (ii) follow the Sponsor on Facebook, like the giveaway post posted by Sponsor, tag 3 friends in the comments below the post, and share the post to your story. Must enter between 02:00 PM ET / 07:00 PM UK time on 14 May 2024 and 02:00 PM ET / 07:00 PM UK time on 06 June 2024 and be legal resident of a country, state or jurisdiction listed in the Official Rules, 21+, with a valid driver’s license. Proof of insurance is required to claim the Car Prize. Employees/officers of Sponsor, related parties and household members are not eligible. One winner selected by random drawing will receive: one 2023 Dodge Challenger Scat Pack with Au Vodka gold coloured wrap (ARV: $50,000). Aggregate ARV: $50,000. Odds of winning depend on the number of entries. Void where prohibited. Subject to official rules and federal, state, and local laws where applicable. Governed by laws of Georgia. Sponsor:  Au Vodka USA LLC, 5775 Glenridge Drive, Building C, Sandy Springs, GA 30328. Visit [insert link] for full giveaway rules and conditions for entry.