$/mail) liquid death (9/04) jet plane or $250K
May 23, 2024 8:28:30 GMT -6
Post by Admin on May 23, 2024 8:28:30 GMT -6
click here to view prize (you may not win this exact jet fighter)
$ = purchase product
mail = no purchase/AMOE/free entry
-https://liquiddeath.com/
purchase
-http://liquiddeath.com/jet
-https://vtagz.com/claim?
-https://cdn.vtagz.com/pdfs/Win_a_Liquid_Death_Jet_Sweepstakes_Official_Rules_5_7_24-1715970198.pdf
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LIQUID DEATH
OFFICIAL RULES OF “WIN A LIQUID DEATH JET SWEEPSTAKES”
Sponsored by Supplying Demand, Inc. dba Liquid Death (the “Sponsor” or “Liquid Death”)
NO ENTRY FEE OR MOBILE DEVICE REQUIRED. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED BY LAW. PURCHASE OR MOBILE PHONE USAGE DOES NOT IMPROVE ONE’S CHANCE
OF WINNING. STANDARD TEXT MESSAGE, DATA RATES, TERMS AND CONDITIONS MAY APPLY.
POTENTIAL WINNER ACKNOWLEDGES THAT IN THE EVENT THE PRIZE SELECTED IS THE JET PRIZE (AS DESCRIBED
BELOW),
THE JET WILL BE MADE AVAILABLE FOR RETRIEVAL
FROM SPONSOR’S DESIGNATED HANGAR ON A DATE
THAT IS WITHIN TWO (2) TO NINE (9) MONTHS (THE “JET DELIVERY DATE”)
FOLLOWING THE DATE THE WINNER
SELECTS THE JET AS THEIR CHOSEN PRIZE (THE “PRIZE SELECTION DATE”)
AND COMPLETES ALL REQUIREMENTS
AS DETAILED IN THESE OFFICIAL RULES.
IN ORDER TO CLAIM THE JET PRIZE, THE POTENTIAL WINNER MUST TAKE
DELIVERY OF THE JET WITHIN SIX (6) MONTHS OF THE JET DELIVERY DATE
AND MUST MEET THE SPECIFIC ELIGIBILITY REQUIREMENTS SET FORTH
IN THESE OFFICIAL RULES. FAILURE TO DO SO WILL, IN SPONSOR’S SOLE
DETERMINATION, RESULT IN FORFEITURE OF THE PRIZE,
AND SPONSOR AND/OR ADMINISTRATOR MAY SELECT
A NEW WINNER WITHOUT LIABILITY OF ANY KIND.
IN ORDER TO CONSTITUTE A VALID ENTRY FOR THE SWEEPSTAKES VIA STORE VISIT,
RECEIPTS MUST MEET THE REQUIREMENTS SET FORTH IN SECTION 3 BELOW,
INCLUDING CONTAINING AN ITEMIZED ENTRY FOR THE
PURCHASE OF SPONSOR’S PRODUCT (INCLUDING SPONSOR’S NAME)
AND DISPLAYING THE DATE AND TIME OF
PURCHASE AND THE STORE WHERE THE PURCHASE OCCURRED.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 17 THAT REQUIRES THE USE OF
ARBITRATION ON AN INDIVIDUAL BASIS, PROHIBITS CLASS ACTION CLAIMS, AND LIMITS THE REMEDIES
AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
For purposes of the Sweepstakes, all times refer to Pacific Time (“PT”)
and the Sponsor’s computer is the official
clock. The Win A Liquid Death Jet Sweepstakes (the “Sweepstakes”)
begins on May 21, 2024 at 12:01AM PT and
ends on September 4, 2024 at 11:59PM PT (the “Sweepstakes Period”).
1. Agreement to Official Rules. By entering or participating in the Sweepstakes, you accept and agree to be
bound by these “Official Rules” and all terms associated with the Prize (if verified as the Prize winner). All
capitalized terms used but not defined herein shall have the respective meaning given to them in terms of
the Platform (-https://terms.vtagz.com/) (the “Platform Terms”). In the event of any conflict between these
Official Rules, any Sponsor terms of service, the Platform Terms, and any terms of purchase of Sponsor’s
products, these Official Rules will govern with respect to the Sweepstakes and disposition of the Prize. You
hereby acknowledge and agree that the Prize will be fulfilled by the Sponsor, and that Mammoth Media,
Inc. (the “Platform”) and Enteractive Solutions Group, Inc. (the “Administrator”) are not responsible for
the lack of or delay in fulfillment of the Prize.
2. Eligibility. The Sweepstakes is open to residents of all fifty (50) states and the District of Columbia (“D.C.”)
in the United States that are the age of majority (eighteen (18) years of age in most states or older) as of
the date of entry. Entrants must have either a valid Social Security number and/or a valid U.S. Individual
Taxpayer Identification Number.
Employees of Sponsor, Platform, Administrator, and their respective
parent companies, affiliates, subsidiaries, officers, directors, advertising, promotion, fulfillment and other
coordinating agencies, service providers, prize suppliers, Sponsor’s retailers, Sponsor’s distributors,
individuals providing services to Sponsor through an outsourcer or temporary employment agency during
the Sweepstakes Period, and their respective immediate family members (i.e. a spouse, domestic partner,
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child, sibling, or parent) and persons living in the same household (whether related or not), are not eligible
to enter or participate in the Sweepstakes. For the avoidance of doubt, persons located in any country to
which the United States has embargoed goods or has otherwise applied any economic sanctions are not
eligible for participation in the Sweepstakes.
3. How to Enter. If you meet all the requirements as provided in Section 2 herein, you may enter the
Sweepstakes.
The number of Sweepstakes entries you may enter
during the Sweepstakes Period is limited
to four hundred (400).
Any attempt by an entrant to obtain more than the stated number of
entries/sweepstakes submissions by using multiple/different email addresses, identities, registrations,
logins, AI generative technology, or any other methods other than as described herein, including, but not
limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void
that entrant’s entries/sweepstakes submissions or excess submissions, in Sponsor or Administrator’s sole
discretion.
There are two (2) ways you can enter the Sweepstakes (each, an “Entry”):
(a) Store Visit: Entrants must visit a store that sells Sponsor’s product, purchase the product(s), go
to -http://liquiddeath.com/jet (“Website”), and sign up by providing your first and last name,
email address, mobile phone number and consent to receive sweepstakes and marketing
messages via email and SMS text from Sponsor/Platform/Administrator; then you will receive a
SMS text message on how to upload the physical, printed receipt of the purchase of the
Sponsor’s product(s). After you upload a receipt, you will receive a SMS text message confirming
receipt of entrant’s submission. Entrants may stop receiving text messages at any time by texting
“Stop” to any text received. In order to constitute a valid entry for the Sweepstakes, the receipt
must contain the following information and meet the following criteria (“Qualifying Receipt
Requirements''):
i. The receipt must clearly display the visible date and time of purchase to verify the
purchase was made within the Sweepstakes Period;
ii. The store name and address/store ID must be visible to confirm the purchase location
is within the eligible geographical area where the Sweepstakes is offered (i.e., fifty (50)
states and D.C.);
iii. The receipt must be itemized and specifically include the purchased Sponsor product(s)
as an itemized entry (i.e., the receipt must clearly include Sponsor’s name (Liquid Death)
and the product(s) purchased); and
iv. Receipts must be original and must not show signs of alteration or tampering in
Sponsor’s sole and absolute discretion.
Each unit of Liquid Death product on a Qualifying Receipt will result in one (1) Entry. For
example, (x) the purchase of an eight (8)-pack of Liquid Death beverages will result in eight (8)
Entries OR (y) the purchase of a twelve (12)-stick box of Liquid Death Death Dust will result in
twelve (12) Entries. Once a receipt entry has been submitted, it cannot be submitted again. If it
cannot be determined if an eight (8)-pack or twelve (12)-pack case of Liquid Death beverages
was purchased, entrant will receive 12 entries. Duplicate receipt entries will be disqualified. By
entering in the requested information on the Website, you create an account with Platform’s
service; making an account on the Platform’s services does not require payment of funds. Your
creation and holding of an account on the Platform’s services is subject to the Platform Terms.
Only in-store purchases are eligible (online purchases and/or digital will are not permitted or
eligible in connection with the Sweepstakes). Without limiting any other terms of these Official
Rules, Sponsor and Administrator each reserve the right to disqualify any Entry (or any entrant),
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in its sole discretion, if Sponsor or Administrator finds proof or has cause to suspect such
entrant’s Entry is fraudulent, deceptive, altered, has been tampered with, or is otherwise
deceptive or illegitimate (as determined by Sponsor or Administrator in its sole discretion). The
decisions of the Sponsor and Administrator will be final. If entrants use a web-enabled mobile
device to participate, data rates may apply (entrants should contact their service provider for
data rates/plans).
(b) Postal Mail:
NO PURCHASE NECESSARY TO ENTER.
To enter without visiting a store and makinga purchase,
mail a handwritten standard sized postcard (no larger than 5” x 7”)
that legibly provides your first and last name, age, email address,
phone number, and mailing address (“Alternate Mail Entry Information”)
to the following address (such mailing, the “Alternate Method of Entry”):
Win A Liquid Death Jet Sweepstakes
P.O. Box 6429,
Burbank, CA 91510
One (1) postcard will result in receipt of four (4) Entries.
Alternate Method of Entries must be
mailed separately, postmarked by September 5, 2024
and received by September 11, 2024.
Any Alternate Method of Entry received that is not legible will not be a valid Entry. No mass
produced typed/copied/printed reproductions of Alternate Method of Entry will be accepted.
Proof of submitting an Entry will not be deemed by Sponsor as proof of receipt or entry into the
Sweepstakes. All required information, Qualifying Receipt Requirements and Alternate Mail Entry
information (collectively, “Entry Information”) must be completed in full, be accurate and valid. The Entry
Information must match the information of the entrant that completed the act of physically entering the
Sweepstakes.
Entrants can enter via both methods/mechanisms described above,
however only up to four hundred (400) Entries can be received by one (1) entrant.
4. Prize Drawing: The winner of the Sweepstakes will be chosen at random from among all eligible Entries on
or around September 20, 2024. The potential winner will be notified on or around September 20, 2024 at
the email address or phone number associated with the selected Entry or such other method specified by
Administrator and will be required to answer eligibility questions. Administrator will make three (3)
notification attempts within a period of two (2) business days. Potential winner(s) will have three (3)
business days to respond to the notification. Sponsor reserves the right to make a public announcement
announcing the winner in any manner it deems reasonably appropriate (such as via website, social media
and/or similar platform). An alternate potential winner will be selected if the initial (or subsequently
selected potential winner if the initial potential winner is deemed ineligible): (a) cannot be located; (b) fails
to confirm that they are claiming the Prize within three (3) business days of notification of being selected
as the potential winner; or (c) fails to comply with or otherwise complete all requirements for eligibility set
forth in these Official Rules (collectively, the “Eligibility Requirements”). This selection of the winner and
notification process shall continue until a winner is confirmed if the alternative winner(s) is/are unable to
claim the Prize. The random selection is final and binding. Neither Sponsor nor Administrator assumes any
responsibility for undeliverable emails or communication (e.g., resulting from any form of active or passive
filtering by an email/mobile client or for insufficient space in an email/mobile account to receive an email).
5. Eligibility Requirements: Potential winner(s) will be required to sign, have notarized, and return an original,
unmodified Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release (collectively
“Affidavit/Release”), an IRS W-9 Form, a Background Authorization Form, and any other documentation
that Sponsor Administrator requires within five (5) days after receipt by potential winner(s) or such
potential winner(s) may be disqualified and an alternate potential winner(s) may be selected. When the
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Administrator contacts a potential winner and determines that he/she/they has met all Eligibility
Requirements of the Sweepstakes, such individual will be declared the “winner” of the Sweepstakes. The
Eligibility Requirements are as follows: (a) the execution of all required waivers, publicity and liability
releases and disclaimers (including, without limitation, written acknowledgment that a pilot’s license is
required to operate the Jet should the winner select same as part of the prize (as defined below)); and (b)
successful completion and clearance of a background check. The results from the background check must
be satisfactory, in Sponsor’s sole and absolute discretion. The winner must complete all of the foregoing
within five (5) days following notification of being a potential winner of the Sweepstakes. ANY POTENTIAL
WINNER IS SUBJECT TO VERIFICATION BY ADMINISTRATOR, IN ITS SOLE DISCRETION, WHOSE DECISIONS
ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THAT
ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH ALL REQUIREMENTS TO CLAIM THE PRIZE HAVE BEEN
VERIFIED AND FULFILLED PURSUANT TO THESE ELIGIBILITY REQUIREMENTS, AND THE ENTRANT HAS BEEN
NOTIFIED THAT VERIFICATION IS COMPLETE.
6. Prizes:
The Prize to be awarded from the Sweepstakes is
(1) a one-year supply of Sponsor’s beverage
product, which will be provided in the form of 365 beverage cans or 46 case-pack equivalent (actual
flavor/type of beverage product selected in Sponsor’s sole discretion) with an approximate retail value
(“ARV”) of $1,000 and
(2) either, at the winner’s discretion,
(a) a previously owned Aero L-39C Albatros jet
or substantially equivalent jet
(for clarity, such jet is not any jet
included in any of Sponsor’s promotional
videos associated with the Sweepstakes) (the “Jet”),
associated sales taxes (excludes any other taxes
whatsoever) (ARV: $425,000), plus a maximum of six (6) months of hangar space rental
in Rockport, Illinois
starting from the Jet Delivery Date (ARV: $6,000)
(such hangar to be determined by Sponsor in its sole
discretion) (the “Hangar”),
and one (1) flight helmet (ARV: $5,000) (collectively, “Jet Prize”),
or (b) $250,000 cash and one (1) flight helmet (ARV: $5,000) (collectively, “Cash Prize”).
The prize that is ultimately chosen
by the winner will be referred to as the “Prize”. The winner has three (3) days from the date he/she/they
receives the Affidavit/Release, to confirm which Prize they choose, and once confirmed, the winner may
not change the Prize, without the express written consent of Sponsor. If the winner elects to receive the Jet
Prize, the winner acknowledges that the Jet will be made available for retrieval from the Hangar by the Jet
Delivery Date. The Jet will be stored for up to six (6) months in the Hangar following the Jet Delivery Date
and must be retrieved within such a time period by the winner (the “Jet Pick-up Period”). FAILURE TO
RETRIEVE THE JET WITHIN THE JET PICK-UP PERIOD OR COMMUNICATION FROM WINNER THAT IT WILL
NOT PICK-UP THE JET DURING SUCH PERIOD DESPITE SELECTING THE JET PRIZE, WILL RESULT IN
FORFEITURE OF THE PRIZE, AND SPONSOR MAY SELECT ANOTHER POTENTIAL WINNER.
The odds of winning the Prize depends on the total number of eligible Entries received. Sponsor will not
replace the Prize if it is lost or stolen (whether it be the Jet Prize or the Cash Prize ). The winner is solely
responsible for all costs and expenses associated with shipping, insuring, storing (e.g., in a hangar, except
as set forth in Section 6 above), maintaining, and handling the Jet, all required Federal Aviation
Administration (“FAA”) certification(s), permits, licenses and any other legally-required permissions,
consents and/or documentation, as well as any and all federal, state, and local taxes, if any, that apply to
the Prize (whether the Jet Prize or the Cash Prize, as applicable based on what the winner elected to
receive). You agree to provide Administrator and/or Sponsor with any additional information and complete
any required tax or other forms relating to your receipt of the Prize.
Total ARV of the Jet Prize is up to $437,000.
The Total ARV of the Cash Prize is $256,000. The total ARV of
all prizes is up to $437,000.
All expenses associated with the receipt or use of the Prize not specifically mentioned as being included are
excluded and are the sole responsibility of the winner. Prize is not transferable. However, Sponsor may, in
its sole discretion choose to substitute a Prize (or prize component) of equal or greater value due to
unavailability or for any other reason.
All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation
in the Sweepstakes or award of any prize will be the sole responsibility of the winner, unless otherwise
stated in Section 4. If prize value is $600 or more, winner(s) will be issued an IRS Form 1099-MISC from the
Sponsor(s) or Sponsor’s designee for the total ARV of the prize won (as stated herein) in the calendar year
won.
7. DISCLAIMERS & LIMITATION OF LIABILITY.
(a) NEITHER SPONSOR, PLATFORM NOR ADMINISTRATOR IS RESPONSIBLE FOR (I) LATE, TAMPERED
WITH, FORGED, DELETED, LOST, MISPLACED, STOLEN, DESTROYED, DROPPED, INACCESSIBLE,
CORRUPTED, JUMBLED, DELAYED, DAMAGED, POSTAGE-DUE, INCOMPLETE, ILLEGIBLE,
GARBLED, MECHANICALLY DUPLICATED AND MASS MACHINE PRINTED, MUTILATED,
MISDIRECTED OR UNDELIVERABLE ENTRIES, RESPONSES, OR OTHER CORRESPONDENCE,
WHETHER BY EMAIL, ADDITIONAL DIGITAL TRANSMISSIONS, POSTAL MAIL OR OTHERWISE; (II)
THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATIONS OF ENTRY MATERIALS OR
ENTRIES; OR (III) PHONE, ELECTRICAL, NETWORK, COMPUTER, HARDWARE, SOFTWARE
PROGRAM OR TRANSMISSION MALFUNCTIONS, INCLUDING ANY TECHNICAL OR MECHANICAL
ERROR WHEN TRANSMITTING SMS TRANSMISSIONS, PUSH NOTIFICATIONS AND/OR MOBILE
ALERTS, FAILURES OR DIFFICULTIES OR ANY TECHNICAL HARDWARE OR SOFTWARE FAILURES
OF ANY KIND, WHICH MAY LIMIT A PERSON’S ABILITY TO PARTICIPATE IN THE SWEEPSTAKES.
(b) THE PRIZES ARE PROVIDED “AS IS.” SPONSOR, PLATFORM AND ADMINISTRATOR SPECIFICALLY
DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER
ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE. IN NO EVENT WILL SPONSOR NOR ADMINISTRATOR BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, 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 SWEEPSTAKES, INCLUDING (I)
USER ERROR SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUCTED
TRANSACTIONS OR (II) SERVER FAILURE OR DATA LOSS WHETHER SUCH LIABILITY ARISES FROM
ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR, PLATFORM OR ADMINISTRATOR
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.
8. Indemnification. You agree to release, indemnify, defend and hold Sponsor, Platform, Administrator, and
such parties’ respective parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents,
including advertising and promotion agencies, and assigns, and any other organizations related to the
Sweepstakes, harmless, from and against any and all claims, injuries, damages, expenses or losses to person
or property and/or liabilities of any nature that in any way arise from participation in the Sweepstakes
including, without limitation: (a) any condition caused by events beyond Sponsor’s, Platform’s or
Administrator’s control that may cause the Sweepstakes to be disrupted or corrupted; (b) the Prize, or
acceptance, possession, or use/misuse or defects of the Prize; (c) participation in the Sweepstakes; (d)
human error; and (e) any printing or typographical errors in any materials associated with the Sweepstakes.
Sponsor shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or
irregularity that may be caused by or have contributed to (1) any wrongful, negligent or unauthorized act
or omission on the part of a Prize supplier (if applicable) or any of its agents, servants, employees or
independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any
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other person or entity not an employee of Sponsor, or (3) any other cause, condition or event whatsoever
beyond the control of Sponsor or its parents, subsidiaries and affiliated companies.
9. Publicity. Except where prohibited by law, by participating in the Sweepstakes and/or winning the Prize,
you irrevocably consent to the use of your name, image, photograph, likeness, biographical information,
Entry, statements attributed to you (if true) and any video footage related to the Prize, for Sponsor’s and
its affiliates’ advertising, promotional and/or other commercial and archival purposes in all media now or
hereafter known, worldwide and in perpetuity without additional compensation. You also consent to the
Sponsor’s and Administrator’s putting your name on a winner’s list. Please note that Administrator,
Platform and/or Sponsor may not acknowledge or return any Entries.
10. Additional Conditions. Sponsor, Platform and Administrator reserve the right, in their sole discretion, to
terminate, modify or suspend the Sweepstakes in whole or in part, if in Sponsor’s opinion: (a) the
Sweepstakes is not capable of running as planned by reason of the occurrence of any event beyond its
control, including, without limitation, fire, flood, epidemic, pandemic, 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 Sweepstakes by any party, or any federal, state, local or government law, order, or regulation,
order of any court or jurisdiction, or other cause not reasonably within Sponsor’s, Platform’s or
Administrator’s control; or (b) any other factors beyond Sponsor’s reasonable control corrupt or affect the
administration, security, fairness, integrity, or proper conduct of the Sweepstakes, in all instances without
liability to the entrants. If, for any reason, the Sweepstakes is not capable of running as originally planned,
Sponsor will instruct the Administrator to conduct a random drawing and award the Prize from all
salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by the Sponsor
or award the Prize in a manner that is fair and equitable. Notice of such action by the Sponsor will be posted
on the Website. Sponsor, Platform and Administrator also reserve the right to disqualify any entrant or
winner, as determined by Sponsor or Administrator, in its sole discretion, who is found to be tampering
with the entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules;
or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or
harass any other person. Any person attempting to defraud or tamper with the Sweepstakes will be
prosecuted and is not eligible for the Prize. The Prize is for personal consumption only and may not be
resold or otherwise used for commercial purposes.
11. Personal Information. Sponsor, Platform or Administrator may collect personal data about entrants online
in accordance with its privacy policies and as may be more specifically set forth in these Official Rules. Please
review these Official Rules and Administrator’s, Platform’s and Sponsor’s respective privacy policies, which
can be found at -https://privacypolicy.vtagz.com and -https://liquiddeath.com/policies/privacy-policy and
-https://www.enteractivesolutions.com/privacy-policy/. Entrants understand, agree, and consent that any
personally identifiable information provided to the Administrator may be retained and used for the
purposes of this Sweepstakes (including as applicable but not limited to any applicable record keeping, tax
forms, state registrations, and/or any prize fulfillment related obligations). The Administrator does not and
will not sell the personally identifiable information of any entrant or winner. Furthermore, the
Administrator will not share or disclose any personally identifiable information to any third-party company
or business unrelated to the Sweepstakes.
12. Rules/Name of Winner: For the name of the winner or for a copy of these Official Rules, send an email to
winnerslist@enteractivesolutions.com with the name of the Sweepstakes and “Winner List” or “Rules”
(specify which) in the subject line. All email requests must be received no later than two (2) months after
the end date. The Official Rules will be available on the Website, during the entire Sweepstakes. Name of
the winner may also be posted on the Website.
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13. Sponsor: Supplying Demand, Inc. dba Liquid Death. 4077 Redwood Avenue, Los Angeles, CA 90066.
14. Contact. If you have any questions relating to the Sweepstakes, you may contact Administrator via email
at: moreinfo@enteractivesolutions.com with the name of the Sweepstakes and “Question” (specify which)
in the subject line.
15. General Terms. The invalidity or unenforceability of any provision of these Official Rules will not affect the
validity or enforceability of any other provision. In the event that any provision of these Official Rules is
determined to be invalid or otherwise unenforceable or illegal by a tribunal of competent jurisdiction, the
other provisions will remain in effect and will be construed in accordance with their terms as if the invalid
or illegal provision were not contained herein. Sponsor’s, Platform’s or Administrator’s failure to enforce
any provision of these Official Rules will not constitute a waiver of that term or any other provision of these
Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any
manner the meaning or intent of these Official Rules or any provision hereof. All federal, state and local
laws and regulations apply. These Official Rules and the Sweepstakes in general shall be governed by and
construed in accordance with the laws of the State of Delaware without giving effect to any choice of law
or conflict of laws rules.
16. Binding Arbitration. Except where prohibited by law, you agree that (a) ANY DISPUTE, CONTROVERSY OR
CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR THE PRIZE AWARDED SHALL BE RESOLVED
INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, (b) any dispute, controversy or claim
arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration
administered by JAMS (“JAMS”) in accordance with the rules of JAMS Streamlined (for claims under
$250,000) or the JAMS Comprehensive Arbitration Rules and Procedures (for claims over $250,000) (the
“JAMS Rules”) then in effect, (c) any arbitration shall be heard by one (1) arbitrator to be selected in
accordance with the JAMS Rules, in Los Angeles County, California, (d) unless both you and Sponsor agree
in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise
preside over any form of class or representative proceeding, (e) judgment upon any award rendered may
be entered in any court having jurisdiction thereof and (f) any award or judgment shall be subject to all
limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and
shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s
fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE MAY NOT APPLY TO YOU. The Parties will share equally in payment of the arbitrator’s fees and
arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears
its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the
matter were being heard in court).
JET PRIZE: ADDITIONAL TERMS & CONDITIONS
17. Retrieval of Jet. Upon winner’s selection of the Jet Prize, Sponsor will arrange with a third party for the
purchase and delivery of the Jet to winner at the Hanger space. Winner acknowledges that the time for
delivery of the Jet may be subject to assembly and/or Sponsor’s ability to obtain an assembled Jet
depending on market conditions and Sponsor’s discretion. Winner shall inspect and accept delivery of the
Jet at the Hanger space within six (6) months of the Jet Delivery Date. .
18. FAA Certificate. The Jet shall be delivered in an airworthy condition with a special airworthiness certificate
in the experimental category issued by the FAA with such conditions and limitation on its operation as the
FAA may choose to impose or such other airworthiness certificate as Sponsor may obtain for the Jet at its
discretion ("Delivery Condition").
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19. Inspection. Winner shall be permitted an opportunity at its expense to conduct a commercially reasonable
and mutually agreed upon inspection by a qualified and mutually acceptable third party to verify that the
Jet complies with the Delivery Condition. However, upon determination that the Jet is in the Delivery
Condition, winner shall accept the Jet for delivery in its AS IS WHERE IS CONDITION WITH ALL FAULTS
ACKNOWLEDGING THAT IT IS AN USED AIRCRAFT. At delivery and acceptance, winner shall waive any
WARRANTY, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF DEALING OR
USAGE OF TRADE OR OTHERWISE AS TO: THE AIRWORTHINESS, VALUE, CONDITION, DESIGN, OPERATION,
OF THE JET, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR FOR ANY PARTICULAR
PURPOSE OF THE JET OR ANY PART THEREOF; THE QUALITY OF THE MATERIAL OR WORKMANSHIP WITH
RESPECT TO THE JET OR ANY PART THEREOF; THE ABSENCE OF LATENT OR ANY OTHER DEFECT IN THE JET
OR ANY PART THEREOF, WHETHER OR NOT DISCOVERABLE; THE ABSENCE OF ANY INFRINGEMENT OF ANY
PATENT, TRADEMARK OR COPYRIGHT OR THE LIKE; OR THE ABSENCE OF OBLIGATIONS BASED ON STRICT
LIABILITY IN TORT, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED,
WITH RESPECT TO THE JET OR ANY PART THEREOF.
20. LIMITATION OF LIABILITY. IN THE CASE OF DAMAGES PROXIMATELY CAUSED BY SPONSOR REGARDING THE
JET AND ITS DELIVERY AND CONDITION, SPONSOR, PLATFORM AND ADMINISTRATOR SHALL NOT BE LIABLE
TO WINNER, OR ANY OTHER PERSON, FIRM OR ENTITY CLAIMING BY, THROUGH, OR UNDER WINNER, FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY OR PUNITIVE DAMAGES
(INCLUDING LOSS OF USE, BUSINESS, DATA, OR PROFITS), WHETHER OR NOT ARISING FROM CONTRACT, IN
TORT, STRICT LIABILITY OR THE NEGLIGENCE OF SPONSOR, PLATFORM OR ADMINISTRATOR.
21. Regulatory Compliance. At the time of delivery and acceptance, winner shall be in compliance and will
comply with the Bank Secrecy Act of 1970, as amended or extended from time to time, USA PATRIOT Act
of 2001, Pub. L. No. 107-56, as amended or extended from time to time, export restrictions, and further
winner shall not be a person with whom U.S. persons or entities are restricted from doing business under
regulations of Office Foreign Asset Control (including those listed on any denied persons list, entities list,
debarred list or terrorist list in each case issued or administered by the U.S. Department of Commerce,
Bureau of Industry and Security, or by the U.S. Department of State, Directorate of Defense Trade Controls
or under the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with
Persons Who Commit, Threaten to Commit, or Support Terrorism or have been or be engaged in any
dealings or transactions or otherwise be associated with such persons or entities in violation of applicable
law, or be included on any other United States Governmental list of prohibited or restricted parties or
located in a country which is comprehensively sanctioned by the United States. In no event shall winner be
a person with whom Sponsor is prohibited from transacting business or delivering the Jet by any law or
regulation of the United States.
22. Transfer Requirements. Upon delivery and acceptance, Sponsor shall provide winner with a standard AC
form 8050-2 Aircraft Bill of Sale evidencing transfer of title to winner as may be completed and modified by
Sponsor and in form and substance sufficient for recordation with the FAA Civil Aviation Registry. Winner
shall have the sole responsibility for registration of the Jet and its operation and compliance with any
limitation imposed by the certificate of airworthiness or by the Federal Aviation Regulations at 14 CFR 1 –
200 as may be amended. Winner acknowledges that skill and training will be required to operate the Jet
and accepts full responsibility for the training and ability of the pilot designated by winner to operate the
Jet in a safe and proper manner. Winner further specifically acknowledges that the Jet will not be delivered
with a valid and effective certificate of airworthiness in the standard category but will be delivered with a
special airworthiness certificate such that winner’s or any other party's operation of the Jet shall be limited.
23. Additional Indemnity. Winner agrees to indemnify and hold harmless Sponsor, Platform and Administrator
and each of its respective affiliates (consisting of entities, that are directly or indirectly controlling,
9
controlled by or under common control of Sponsor, Platform and Administrator), their members, officers
and directors (“Indemnified Parties”) from any claim, suit, damage, cost or expense (including but limited
to reasonable and documented attorneys’ fees) asserted by any third party against an Indemnified Party
based on the ownership, operation, or the subsequent transfer of the Jet by Sponsor to winner, or that may
otherwise arise out of the use or non-use of the Jet.
24. Risk of Loss & Insurance. Risk of loss shall pass from Sponsor to winner upon delivery and acceptance. For
a period of not less than twenty-four full months thereafter: Winner, at no cost to Sponsor, shall carry and
maintain, and shall cause any, each and every subsequent purchaser, successor in interest, lessee or
operator of the Jet to carry and maintain, with respect to the Jet or any part thereof or therefrom,
comprehensive casualty and liability insurance on a worldwide basis with insurance carriers of recognized
responsibility and reasonably acceptable to Sponsor, including aircraft third party, war risk liability,
passenger, passengers’ baggage, cargo, mail and aviation general third party legal liability insurance
(including product liability, hangar keepers and completed operations). Such insurance shall be in an
amount not less than two million US Dollars ($2,000,000). Winner shall also carry and maintain, or cause
to be carried and maintained, for the Jet all risk hull insurance and aircraft hull war and allied perils
insurance, in an amount not less than the fair market value of the Jet. All of the foregoing insurance shall
(a) insure, among other things, the indemnification obligations of winner to Sponsor, Platform and
Administrator. Prior to acceptance and delivery, winner shall furnish to Sponsor certified copies of all
insurance policies required by this paragraph or certificates of insurance showing compliance with the
terms hereof reasonably acceptable to Sponsor.
25. Taxes. Winner shall be responsible for the payment of any and all use, stamp, excise, property or other
taxes assessed or levied by any taxing authority on or related to the use, ownership, operations, or storage
of the Jet imposed after acceptance and delivery. Winner acknowledges that delivery and acceptance shall
occur within the continental United States at such location as Sponsor may indicate and winner shall
execute and provide Sponsor with any applicable exemption from sales tax as may apply prior to delivery
and acceptance.
26. Hangar Use. The Hangar shall be used only for the purpose of parking, storing, and hangaring the Jet. Use
of the Hangar and any space therein may not be exclusive to the winner. Winner shall not utilize the Hangar
for any other aircraft. The six (6) months of paid Hanger space rental as part of the Jet Prize shall start from
the Jet Delivery Date to six (6) months following such date. Winner shall comply with any and all
requirements on the use of the Hangar from the Hanger owner, operator and any relevant third-parties, as
well as accept any responsibilities as to liability, indemnification, and insurance imposed by the hangar
owner or lessor and any master lease between the airport/airport sponsor and such hangar owner or lessor.