T-Shirt Giveaway Rules

THE FOLLOWING PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (“D.C.”) WHO ARE 21 YEARS OF AGE OR OLDER. SEE OFFICIAL RULES BELOW FOR FURTHER ELIGIBILITY REQUIREMENTS.

The Moskato Life T-Shirt Giveaway

Official Rules

NO PURCHASE OR MOBILE TWEETING IS NECESSARY TO ENTER OR WIN. A PURCHASE OR MOBILE TWEET WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. PROMOTION OVERVIEW / ENTRY PERIOD: The Moskato Life T-shirt Giveaway (the “Promotion”), sponsored by Phusion Projects, LLC (“Sponsor”) begins at 12:00 a.m. Pacific Time (“PT”) on July 4, 2013 and ends at 11:59:59 pm PT on August 14, 2013 (the “Promotion Period”).

The Promotion consists of a series of weekly prize giveaways.  This Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter or Facebook. Twitter and Facebook are not affiliated with the Sponsor or the Administrator in any way.

The Promotion is subject to all applicable federal, state and local laws and regulations.

Your participation in this Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.

 

2. ELIGIBILITY: To participate in the Promotion, you must: (a) be a legal U.S. resident currently residing in one of the fifty (50) United States or D.C.; (b) be twenty-one (21) years of age or older as of the date of entry; (c) have either a mobile phone or other wireless or electronic device that supports the Twitter application, or internet access; and (d) have a Twitter account (there is no charge to establish an account). You may sign up for a free Twitter account, if you do not already have one, at http://twitter.com.

The Promotion is void outside the fifty (50) United States and D.C. and where prohibited. Employees, officers and directors of Sponsor, Twitter, Facebook, Inc. their respective parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and members of the immediate families (defined for these purposes as including spouse, biological, adoptive and step-parents, children, siblings, grandparents and grandchildren, and the respective spouses of any of the foregoing, regardless of where they reside) or households (whether related or not) of any of the above, are NOT eligible to participate.

3. HOW TO ENTER: During the Promotion Period, become a follower of  “@MoskatoLife” on Twitter at https://twitter.com/MoskatoLife, where throughout the Promotion Period, Sponsor will send messages in the form of a tweet (each, an “Entry Invitation”) to the Twitter community asking them to share the official Moskato Life web site link (http://www.moskatolife.com) for the opportunity to win one of the prizes described in Rule 5, below. Respond to the tweet from “@MoskatoLife”, including the hashtag #Moskato.  If your entry is one of the first fifty (50) entries received by Sponsor in response to its Entry Invitation, you will be deemed a prize winner (subject to verification).  If you choose to respond to the Sponsor’s Entry Invitation using your mobile phone, standard text messaging fees and data charges for text messages sent and received apply. See your wireless provider for pricing plan details.

Limit one (1) entry per person/household/Twitter handle per week for the entire Promotion Period. The use of multiple Twitter accounts by the same individual to enter is prohibited. Multiple entries received from any person/household/Twitter handle in excess of the stated limitation will be void. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such an entry method. Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor. All entries become the sole property of the Sponsor.  Sponsor’s computer clock is the official timekeeper for purposes of this Promotion.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF FEDERAL AND/OR STATE CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute regarding entries received from multiple users having the same Twitter account, the authorized subscriber of the Twitter account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the Twitter account by Twitter. Sponsor may, at its sole discretion, require any potential prize winner to provide proof that s/he is the authorized account subscriber.

Entries will not be returned or acknowledged, except as provided herein. Any information collected by entering the Promotion will be used only in a manner consistent with and required by these Official Rules, and in accordance with Sponsor’s Privacy Policy, available at www.drinkfour.com/privacy.    

 

4.  PRIZES/ODDS: A total of fifty (50) prizes are available to be awarded in this Promotion (one (1) prize for each of the first fifty (50) qualifying tweets sent during the Promotion Period). Each prize will consist of one (1) Moskato Life-branded t-shirt, available in unisex sizes medium, large, x-large, per consumer request.

Approximate Retail Value (“ARV”): $20.00 per prize.

Total ARV of all prizes in this Promotion: $1,000.00

Odds of winning a prize depend on the number of eligible entries received following each Entry Invitation and the order in which they are received.

 

6.  GENERAL PRIZE CONDITIONS / PRIZE CLAIMS: Prizes consist of the described item only. Prizes are non-transferable, and, thus, may not be sold or offered at auction. No prize substitutions or cash redemptions will be allowed, except by Sponsor in its sole discretion, or as otherwise provided herein.  Sponsor may substitute a prize of equal or greater value if the advertised prize becomes unavailable for any reason.  All income taxes on prizes are solely the winners’ responsibility.  All prizes will be awarded provided they are claimed properly in accordance with these Official Rules and a sufficient number of entries is received.

Any difference between the stated ARV and the actual value of the prize, if any, will not be awarded.

If a potential prize winner cannot accept his/her prize as stated, the prize will be forfeited and may awarded to an alternate winner in a random drawing from among the remaining entries or in any other manner deemed fair by Sponsor.

The Sponsor will notify each potential winner via direct message. Each potential winner must then reply by direct message as instructed with his/her full name, date of birth, complete mailing address and e-mail address within a time period specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner. The awarding of each prize is subject to verification of the potential winner’s eligibility. Following verification, winners’ names may be announced on Sponsor’s web site or any other web site controlled by Sponsor and/or on Twitter or other social media, at Sponsor’s sole discretion. Each winner may be required to sign and return an Affidavit of Eligibility, Liability Release and Publicity Release (where permissible), or provide proof of eligibility in any manner requested by Sponsor, within a specified period of time as a condition of receiving a prize. If any prize notification or prize is returned as undeliverable, or if a potential winner fails to return any required documents/proof of eligibility within the stated time period, or if Sponsor, in its sole discretion, deems a potential winner ineligible to receive a prize for any reason, the prize will be forfeited. If a prize is forfeited for any reason, it may be awarded to an alternate winner in a random drawing from among the remaining entries or in any other manner deemed fair by Sponsor. Sponsor is not responsible for inability of any winner to accept a prize in accordance with these Official Rules.

By accepting a prize, each winner consents to the use of his or her name, photograph, voice recording and likeness for trade or publicity purposes by Sponsor in all media worldwide (including but not limited to social media) without limitation and without additional notice, compensation or permission.

7.  OTHER CONDITIONS/ LIMITATIONS:  By submitting an entry, you agree to grant Sponsor and its affiliates and agents, the right, without limitation or further permission or compensation, to use and publish your name, Twitter handle and likeness for promotional, advertising, publicity and marketing purposes in any manner, in commerce and in any medium now known or hereafter devised, throughout the world in perpetuity, without limitation and without further notice. Sponsor is not responsible for:  (i) electronic, wireless or digital transmissions, Twitter updates (“tweets”), Entry Invitations or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries; (iii) destruction of or unauthorized access to, or alteration of, entries; (iv) failed or unavailable hardware, network, software, or telephone transmissions; (v) damage to entrant’s or any person’s computer or wireless device or its contents; (vi) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (vii) any entries submitted in a manner that is not expressly allowed under these Official Rules; (viii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (ix) any typographical or other error in any printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement of any prize/prize winner; (x) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks); or (xi) cheating or fraud by any participant.

All incomplete or non-conforming entries will be disqualified.

If for any reason the Promotion cannot be executed as planned, including but not limited to any governmental order, force majeure, social media policy change, printing, administrative, human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Promotion. In the event Sponsor does so, Sponsor will post notice thereof on its web site. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any prohibited entry method, or attempts to enter via a bot script or other brute-force attack.

Under no circumstances will more prizes than those set forth in these Official Rules be awarded. If, due to a production, technical, human or other error, the number of prize notifications exceeds the stated number of prizes on a particular day, the intended prize for that day will be awarded in a random drawing from among all valid prize claimants.

8. RELEASE OF LIABILITY: Except where prohibited, by participating in the Promotion, you agree to indemnify, release, defend and hold harmless the Sponsor, Twitter, Facebook, Inc., and each of their respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury (including without limitation, pain and suffering and/or emotional distress) and/or death, violation of publicity rights, defamation or invasion of privacy arising from or in connection with participation in the Promotion or the acceptance, possession and/or use/misuse of a prize (if applicable).

9. DISPUTES/SEVERABILITY: By participating or accepting a prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Promotion or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

10. WINNERS LIST: For a list of winners, see www.moskatolife.com/tshirtwinners.com.

11. SPONSOR: This Promotion is sponsored solely by Phusion Projects, LLC, Chicago, IL.

Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor only, and NOT to Twitter or Facebook.

All trademarks used herein are the property of their respective owners.

©2013 Phusion Projects, LLC

 

 

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