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Smash Army Giveaway Terms & Conditions

Smash Army Giveaway Terms & Conditions
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 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 THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. **Sponsors.**
The Smash Army Giveaway Sweepstakes (“Sweepstakes”) is sponsored by Mixoloshe LLC, 970 W Broadway Jackson, WY, 83001 United States (“Sponsor”). This Sweepstakes is not sponsored, endorsed, administrated by, or associated with Instagram, Facebook, or any other social media platform or entity that may be mentioned, and to the maximum extent permitted by applicable law, none of these entities shall have any liability to any person in connection with or arising out of the Sweepstakes, and each Entrant releases such entities from any and all liability in relation to their Sweepstakes participation.
2. **Eligibility.**
   The Sweepstakes is open only to consumers who are legal residents of the U.S., who are at least 21 years of age or the legal age of majority in their state of residence, whichever is older, at the time of entry and are physically located in the U.S. (“Entrant”). Proof of residency and age may be required.

Employees, officers, and directors of Sponsor or any of its parents, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies (collectively, “Sweepstakes Entities”) and members of their immediate families and those living in their same households, whether or not legally related, are not eligible to enter or win the Sweepstakes.

Participation in the Sweepstakes 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 Sweepstakes. Winning the prize is contingent upon fulfilling all requirements, as set forth herein. Sponsor reserves the right to verify eligibility of winners.
3. **Entry Period.**
   Sweepstakes begins at 12:00PM Eastern Time (“ET”) on May 14, 2024, when Sponsor creates and publishes a post under the @thebestmarketingstrategyever account on Instagram (“Social Media Post”) and ends at 11:59PM ET on June 11th, 2024 (“Entry Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
4. **How to Enter.**
   Sweepstakes participation requires (i) access to the internet and (ii) a valid account on Instagram. It is free to create an account on 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.

To enter the Sweepstakes, complete the following steps during the Entry Period:
  • Log in to your Instagram account;
  • Locate and “Follow” the @thebestmarketingstrategyever page;
  • Locate the applicable Social Media Post on the @thebestmarketingstrategyever page;
  • “Like” the Social Media Post;
  •  In the “comment” section, post one (1) comment and tag two (2) friends.
   Please note: The content of your comment will not be judged and will have no effect on your entry or your chances of winning the prize. Multiple shares/reposts will not increase your chances of winning.
   
Upon completion of the above required steps, Entrant will receive one (1) entry (“Entry”) into the Sweepstakes. LIMIT ONE ENTRY PER PERSON. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED.
5. **Selection of Winners.**
On or about the day following the end of the Entry Period, Sponsor (or Sponsor’s designee) will select the names of five (5) potential prize winners (each, a “Potential Prize Winner”) in a random drawing from among all eligible Entries received during the Entry Period. The odds of winning are based on the number of eligible Entries received.
The Potential Prize Winners will be notified by Instagram direct message and/or comment within three (3) business days following the drawing (“Notification”). It is an Entrant’s responsibility to monitor their Instagram account to see if they are a Potential Prize Winner. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the Potential Prize Winners.
The Potential Prize Winners will be required to sign and return a Declaration of Eligibility and Liability/Publicity Release or other documents that Sponsor deems necessary, to confirm eligibility and, unless prohibited by law, obtain a liability/publicity release within a specified time period following the date of first attempted notification. Failure to return any required document by the date requested, will deem the applicable Potential Prize Winner ineligible, and their prize will be forfeited.
If Sponsor is unable to contact a Potential Prize Winner, or a Potential Prize Winner has not responded within 72 hours after the Notification has been sent, is not in compliance with these Official Rules, fails to return any required document, or declines to accept the prize for any reason prior to award, their prize will be forfeited and, in Sponsor’s discretion, an alternate winner may be selected in a random drawing from among all remaining eligible Entries, under the same conditions mentioned above. Only one alternate drawing will be held, after which the prize will remain un-awarded.
ALL POTENTIAL PRIZE WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A POTENTIAL PRIZE WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THEIR ELIGIBILITY HAS BEEN VERIFIED, AND POTENTIAL PRIZE WINNER HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
6. **Prizes and Restrictions.**

A total of five (5) prizes will be available to be awarded during the Sweepstakes as follows:
  •  Five (5) prizes, each consisting of Two Thousand Dollars ($2,000 USD) cash prize.
Each winner will receive a cash prize as stated above.

The actual value of any prize awarded may be taxable as income, and all applicable local, state, and federal taxes related to the acceptance and/or use of prize shall be the sole responsibility of the winner. Where applicable, the winner may be required to provide Sponsor with a valid social security number or tax identification number for tax reporting purposes before the prize will be awarded.
7. **General Conditions.**
This Sweepstakes is governed by the laws of the United States. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. **Limitations of Liability; Releases; Intellectual Property.**
By participating in this Sweepstakes, Entrant agrees that Sponsor and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives, successors, assigns and agents (collectively, “Released Parties”) are, to the maximum extent permitted by applicable law, not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes or receipt or use or misuse of any prize.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, AT ANY TIME, EACH WINNER’S NAME, LIKENESS, SOCIAL MEDIA HANDLE, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO OBLIGATE SPONSOR TO MAKE USE OF ANY OF THE RIGHTS GRANTED HEREIN AND WINNERS WAIVE ANY RIGHT TO INSPECT OR APPROVE ANY SUCH USE OF ANY AND EVERY NATURE AND KIND AND CONSENT TO ANY SUCH APPROPRIATE AND LEGALLY PERMISSIBLE USE THEREOF.
9. **Privacy Policy.**
  Information submitted by or collected from Entrants in connection with the Sweepstakes shall be subject to Sponsor’s privacy policy, available at https://mixoloshe.com/pages/privacy-policy. By entering this Sweepstakes, Entrant expressly consents to Sponsor, their agents, and/or representatives, storing, sharing, and using the personal information submitted only for the purposes described in these Official Rules, including for the purpose of administering the Sweepstakes, and in accordance with Sponsor’s privacy policy.
10. **Official Rules; Winners List.**
 For Official Rules visit: [link to official rules]. For a list of winners, available after June 11th, 2024, please send a self-addressed, stamped envelope to Mixoloshe LLC, 970 W Broadway Jackson, WY, 83001 United States.
11. Governing Law / Disputes.
Except where prohibited by applicable law, and as otherwise set forth in this Section, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and shall be governed by and construed in accordance with the laws of the state of Wyoming, and the federal laws of the U.S. applicable therein. The choice of law does not impact Entrants’ rights as a consumer according to the mandatory consumer protection regulations in their Jurisdiction. To the extent permitted by applicable law, Entrant hereby accepts the jurisdiction of the federal and state courts within Wyoming with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes and agrees not to oppose any action brought in Wyoming on the basis that the courts of Wyoming are not an appropriate or convenient forum for same; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (not to exceed $10 USD), but in no event attorneys’ fees; (iii) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits, may be awarded (collectively, “Special Damages”), and Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Wyoming law, without reference to Wyoming’s choice of law rules, governs the Sweepstakes and all aspects related hereto.

12. **Miscellaneous.**

The invalidity or unenforceability of any provision of these Official Rules or any prize acceptance documents shall not affect the validity or enforceability of any other provision. Should any provision of the Official Rules be determined invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be unenforceable or illegal, 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. To the fullest extent permitted by applicable law, Entrants agree to waive any rights to claim ambiguity 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 the documents or any provision hereof. In the event of a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, or terms of use on a Sweepstakes-related website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control.