OFFICIAL RULES

SURFSIDE HELMET GIVEAWAY

• NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
• MUST BE 21 YEARS OR OLDER TO PARTICIPATE.
• VOID WHERE PROHIBITED BY LAW.
• AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE FORMS MAY BE REQUIRED.
• PLEASE READ THESE RULES CAREFULLY. BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT.

1. Eligibility. The SURFSIDE HELMET GIVEAWAY (the “Giveaway”) is open only to legal residents of the fifty (50) United States or the District of Columbia, who are at least twenty-one (21) years of age at the time of entry. Employees, officers and directors (and each of their immediate family members (i.e., parents, legal guardians, children, grandparents, grandchildren, spouses or siblings and their respective spouses) and those living in their same households, whether or not legally related), Stateside Brands LLC (“Sponsor”) and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win the Giveaway. By participating, entrants (each, an “Entrant” and collectively, the “Entrants”) acknowledges they have read and agree to comply with and be bound by these “Official Rules,” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Giveaway, including, without limitation, interpretation of the Official Rules. Void where prohibited by law.

2. Entry Periods. The Giveaway entry period begins on or about 12:00 am on Thursday, October 17, 2024 and ends at 11:59 pm on Monday, October 21, 2024 Eastern Daylight Time (“ET”), unless otherwise extended in Sponsor’s sole and absolute discretion (the “Giveaway Period”).

3. How to Enter. You may enter the Giveaway by submitting entries via the Online Method of Entry, or the Free Alternative Method of Entry set forth below.

a. Online Method of Entry . Prior to entering the Giveaway via the Online Method of Entry, you must first have a public profile on Instagram (“Giveaway Platform”). To enter the Giveaway at any time during the Entry Period, which may include submitting, among other things, the Entrant’s name, address, e-mail address, and/or other related registration information as prompted. To enter, you must first follow @drinksurfside, then each of the following will count as an entry:

• Like the contest post on Instagram (the “Contest Post”).
• Tag your tailgate crew – at least three (3)  friends in the comments below the Contest Post
  • Each comment with 3 valid users tagged counts as an entry.
  • You are prohibited from tagging the content of the Contest Post inaccurately (e.g., suggesting the post contains content or an endorsement that it does not).

If an Entrant accesses the Giveaway on Entrant’s mobile device, the Entrant’s wireless service provider may charge Entrant for applicable message and data charges. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.

b. Alternative Method of Entry . To enter the Giveaway without submitting through the Giveaway Platform as set forth in Section 3(a), please handprint (i) first and last name, (ii) Instagram account handle and (iii) mailing address on a postcard approximately three and a half by five inches (3.5″ x 5″) in size and mail it to: Stateside Brands LLC Attn: Surfside Helmet Giveaway Entry, 1700 N. Hancock St., Philadelphia, PA 19122. All postcard entries must be postmarked prior to the end of the Giveaway Period to be eligible for the Giveaway. For the avoidance of doubt, you must meet the eligibility requirements described in Section 1 (above) in order to participate via this method of entry.

All entries must be received by the end of the Giveaway Period to be eligible for judging. For purposes of this Giveaway, an online entry is “received” when the Giveaway Platform’s servers record the entry information. The database clock of the Giveaway Platform will be the official timekeeper for the Giveaway. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of or provided by Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Giveaway at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned.

In the event of a dispute as to the identity of any Entrant who submits an entry, the entry will be deemed submitted by the holder of the Instagram account from which it was sent (or the email that was provided on a postcard entry) but only if such person is otherwise eligible. The “account holder” is the person assigned to the Instagram account. Entrants may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor, Instagram, Meta, Inc., and their affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the Entrant.

4. Representations and Warranties. Each Entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her submission to any other third party. Further, each Entrant represents and warrants that Sponsor’s use of any submission shall not violate an agreement to which such Entrant has signed.

5. Indemnity. Entrants agree to defend, indemnify and hold harmless the Released Parties (as defined in section 10) from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Giveaway activities.

6. Determining the Winner. Sponsor will randomly select, from a random drawing held on October 22, 2024, one (1) Entrant as the Winner from all eligible entries received during the Giveaway Period. Any Entrant selected as Winner shall be referred to as a “Potential Winner” until such time as it can be verified by the Sponsor or its designee that the Potential Winner has complied with these Official Rules and met the terms and conditions set forth herein. Once verified, the Potential Winner shall be declared a Winner. Odds of winning depend on the number of entries received.

7. Winner Notification. The Potential Winner will be notified by Instagram direct message ONLY on or about Tuesday, Ocober 22, 2024, unless extended by Sponsor. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail, one (1) day after sending via a delivery service or two (2) days after mailing. As a condition to participating in the Giveaway, each Entrant agrees that if they are selected as a Potential Winner, they, may be required to execute and return a number of agreements which may include, in Sponsor’s discretion, but not limited to: an affidavit of eligibility, a liability release, a publicity release, an intellectual property grant and services and performances agreements (collectively, “Prize Acceptance Documents”) within three (3) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a Potential Winner or a Potential Winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner at Sponsor’s discretion. If any Potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the prize for any reason prior to award, such Potential Winner may be disqualified and an alternate potential winner may be selected at Sponsor’s discretion. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the Potential Winner. By entering this Giveaway and unless prohibited by law, each Potential Winner hereby consents to use of his/her respective name, voice, photograph and/or likeness for advertising or promotional purposes for this and similar promotions without compensation and each Potential Winner may be required to provide a signed release acknowledging such consent, unless restricted by law. Moreover, by entering this Giveaway, unless prohibited by law, the Potential Winner agrees to grant to Sponsor, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, at any time or times, such Potential Winner’s name, likeness, and biographical information as news or information and for advertising and promotional purposes without additional consideration.

8. Prize. One (1) Prize will be awarded in total. The Winner will receive the following prize (“Prize”):

a. One Surfside branded football helment. Approximate retail value of the Prize is $195.00. The Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the Prize unless Sponsor consents in writing. Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions. In the event a Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate and revoke the Prize. All Prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used.

9. General Conditions. By participating in the Giveaway, Entrants and their guests (if applicable) agree to be bound by decisions of Sponsor and its personnel. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes or in any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Giveaway Platform users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Giveaway or downloading materials from or use of the Giveaway Platform. Persons who tamper with or abuse any aspect of the Giveaway or Giveaway Platform or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Giveaway be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Giveaway and, if terminated, at its discretion, select the Potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DAMAGE THE GIVEAWAY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Release. By participating in the Giveaway, Entrants agree to release, discharge and hold harmless Sponsor, Stateside Brands LLC and Instagram, Meta, Inc., Meta Platforms, Inc., each of their respective parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, attorneys, successors and assigns (“Released Parties”): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation in the Giveaway and/or related to any Prize awarded (including, without limitation, losses, damages or injuries to Entrant’s (up to and including death) or any other person’s equipment or other property, or to their persons, related to participation in the Giveaway; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Giveaway activity and/or prize). Without limiting the generality of the foregoing Entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Giveaway and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; and will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties and (2) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Giveaway and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Entrants in connection with the Giveaway, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Giveaway. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

11. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Giveaway due to any event beyond its reasonable control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Giveaway by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Giveaway. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Giveaway should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Giveaway; or (2) to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Giveaway; (b) acting in violation of these Official Rules; or (c) acting in an unsportsmanlike manner.

12. Governing Law / Limitation of Liability. THESE OFFICIAL RULES SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA AS APPLIED TO AGREEMENTS ENTERED INTO AMONG PENNSYLVANIA RESIDENTS TO BE PERFORMED ENTIRELY WITHIN PENNSYLVANIA, WITHOUT REGARD TO CONFLICT OF LAWS RULES.

BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

13. Disputes / Arbitration / No Class Relief. Except with respect to the protection and enforcement of the intellectual property rights of the Released Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to these Official Rules or the Giveaway shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Philadelphia County, Pennsylvania and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in Philadelphia County, Pennsylvania, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Giveaway, or any prize awarded, will be resolved individually, without resort to any form of class action.

14. List of Giveaway Winners / Official Rules Requests. To receive a list of winners or copy of the Official Rules, send a self-addressed stamped envelope to Stateside Brands LLC, 1700 N. Hancock St., Philadelphia, PA 19122, within sixty (60) days of the expiration of the Giveaway Period. Vermont residents may omit return postage with Official Rules requests.

15. Privacy and Data Collection. Information submitted in connection with the Giveaway will be treated in accordance with these Official Rules and the Sponsor’s Privacy Policy located at: https://www.drinksurfside.com/privacy-policy/ (as may be amended from time to time). Sponsor may require users wishing to participate in Giveaway and promotions to complete an entry form which will require the submission of certain personally identifiable information (“PII”). The PII that may be collected in an entry form may include, without limitation: participant’s first name, last name, zip code, phone number, and email address. The Winner and any Potential Winner may be required to provide additional PII such as a shipping address and telephone number. PII may be used to contact the Winner and Potential Winner for notification, prize delivery confirmation or other related purposes. Entry in the contests or Giveaway may also result in an Entrant being added to Sponsor’s mailing lists as well as those of promotional partners associated with the contests or Giveaway. Acceptance of a prize may require Winner (unless prohibited by law) to allow Sponsor to post publicly some information on Sponsor’s website, such as on a winner’s page.

16. Entire Agreement. These Official Rules contain the entire agreement of the parties with respect to the subject matter hereof. No promise, representation, warranty or covenant not included in the Official Rules has been or is being relied on by any party. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials, privacy policy or terms of use on the Giveaway Platform and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

17. Severability. In the event that any provision of these Official Rules or the Prize Acceptance Documents becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that no such severability shall be effective if it materially changes the economic benefit of this Agreement to any party.

18. Waiver. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Sponsor’s failure to seek redress for the violation of or to insist on strict performance of any provision of these Official Rules shall not prevent or dilute its right to insist later on such performance of the same or a similar provision or to have redress for the same or a similar violation, regardless of its prior knowledge or lack of knowledge.

Instagram is not a sponsor of the Giveaway, and is in no way responsible for the administration of the Giveaway, the verification of winners or the fulfillment of prizing.  All inquiries regarding the Giveaway should be directed to Sponsor.