Mixoloshe "Ditch the Bad Stuff" Contest Official Rules

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

BY ENTERING OR OTHERWISE PARTICIPATING IN THIS CONTEST, YOU AGREE TO THE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY. WITHOUT LIMITATION, THIS CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE SPONSOR FROM YOU, MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

Please note: Your participation in the MIXOLOSHE "Ditch the Bad Stuff" Contest (the “Contest”) sponsored by SuperShe Inc. dba MIXOLOSHE means that you have read and agree to the Official Rules for the Contest set forth below (“Rules.”). Please read the Rules carefully. If you do not agree with them, or if you do not meet their eligibility criteria, you may not participate in the Contest.

Contest Overview

We at MIXOLOSHE believe that “booze-free should never mean fun-free” so we are giving MIXOLOSHE followers the opportunity to share their best break-up story to a huge audience of followers and to MIXOLOSHE founder Kristina Roth herself to win a all expenses paid weekend in Miami Beach, Florida.

The Contest consists one round in which each entrant (“Entrant” or “you”) will upload their Story (“Submission”) to their social media accounts and tag with #alcoholiday and @mixolsohe for judging.

Your story should present a funny break-up story that you believe is worthy of a all expenses paid weekend in Miami Beach, Florida. MIXOLOSHE followers will have a chance to like and comment on each Submission. Contest Winner (as defined below) will be selected by a panel of judges chosen by Kristina.

Contest Sponsor:

The contest is sponsored by SuperShe, Inc. (the “Sponsor”). SuperShe’s headquarters are located at 970 West Broadway Suite 351 Jackson, WY 83001. 

Eligibility for Entry: 

The Contest is open to everyone following one of MIXOLOSHE social media accounts, who are legal residents of the United States and the District of Columbia (excluding Maryland, North Dakota, and New Jersey). Residents of countries not listed herein and residents of Maryland, North Dakota, New Jersey, and Quebec are not eligible to participate in the Contest and should not submit a video.

Entrants must be at least eighteen (18) years old at the time of entry. Employees of SuperShe dba MIXOLOSHE, its agents, retailers, advertising and promotion agencies, and fulfillment companies, and their immediate families (parents, children, siblings, spouse) and members of their same households (related or not) are not eligible to participate in the Contest.

The Contest is subject to all applicable federal, state, provincial, territorial, municipal, and local laws, rules, ordinances, statutes, and regulations (together, “Laws.”). The Contest is void where prohibited by Laws. Sponsor reserves the right to conduct background checks on a potential winner as a condition to receipt of a Prize. Potential winners may first be required to submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive a Prize. Sponsor reserves the right, in its sole discretion, to disqualify any potential winner based on such background check if Sponsor determines, in its sole discretion, that awarding the Prize to such winner might reflect negatively on Sponsor.

Eligibility and Mechanics of Community Feedback:

Everyone in the MIXOLOSHE community may provide feedback on Submissions. To vote, you may “like” at a Submission, or leave a comment. The member feedback will be considered when scoring the Public Appeal category of the Judging Criteria (explained in further detail in Section 11.a). 

Currency:

All dollar amounts listed in these Rules are in U.S. dollars

Agreement to Abide By Decisions:

By participating in the Contest, you agree that the decisions of the Sponsor will be final and binding in all matters related to the Contest, including the selection of the Winner. 

Contest Period:

The Contest will begin on Feb 16, 2023. Exact dates and deadlines will be announced once the Contest goes live. Sponsor’s computer is the official time-keeping device for the Contest. The Contest consists of four (4) rounds as set forth in the charts below and as described in more detail below.

Personal Information:

Information collected from Entrants (including personal information, as defined in the applicable privacy policies listed below) will be treated in accordance with MIXOLOSHE’s Privacy Policy. MIXOLOSHE will use the Entrant's personal information to administer the Contest and as otherwise permitted in its Privacy Policy. 

How to Enter The Contest: 

1. Upload a video of your best "Break-Up Story" to your Instagram or TikTok account and tag us with @mixoloshe and the hashtag #alcoholiday to enter the contest.
2. Follow MIXOLOSHE @mixoloshe

If you agree to the Contest Rules, you will have the option of uploading a pre-recorded video or starting a live recording on your social media account. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions in the following sections (collectively, the “Guidelines and Restrictions”), and represent and warrant that you are eligible for the Contest in accordance with these Rules. You also agree that the Sponsor, in its sole discretion, may disqualify you from the Contest if it believes that your Submission fails to conform to the Rules, including the Guidelines and Restrictions. Limit one Submission during the Submission Phase per Entrant.

Please note: we will use the social media account handle you provided when uploading the video to contact you if you are selected as a Winner.

Video Submission Guidelines:

Submissions must:

• Uploaded to the Entrant's social media account (Instagram or TikTok);
• Must be tagged with #alcoholiday and @mixoloshe;
• Be in English; 

Contest Submission Content Restrictions:

The Submissions must not:

• Contain images, text, or other content, information or materials (together, “Content”) that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; 
• Contain brand names or trademarks, except for the Entrant’s brand name or trademarks or Sponsor's Marks (as defined below) in accordance with the limited license granted in these Rules;
• Contain Content not created by Entrant;
• Contain Content that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
• Contain Content that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age, or other status protected by Laws; and
• Contain Content that violates or is contrary to the Laws in any location where the Submission is created.

People Appearing the Submission:

As part of your obligation to comply with the Guidelines and Restrictions, you agree that if anyone but you appears in your Submission at any phase of the Contest, or if anyone’s name or other personal characteristics are shown, you must have his, her or their permission (or parent’s/legal guardian’s if individuals are minors in their place of residence) to use the image, likeness or other characteristics in your Submission and to enter your Submission into the Contest, including permission to grant the licenses in the next Section to the Sponsor. Getting this permission is your sole responsibility.

Limit on Entries:

Each Entrant is limited to one Entry. 

Additional Terms:

Any attempt by any Entrant to submit more than the permitted number of Submissions by using multiple/different accounts, identities, registrations and logins, or any other methods will void that Entrant's Submission, and that Entrant may be disqualified. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Submissions, which will be disqualified. 

Selection of Winner:  

The Winner of the Contest will be selected via the processes set forth below.

Contest Advancement Criteria:

Judging: During all phases of the Contest, a panel of judges selected by the Sponsor in its sole discretion will select the best Submissions based on the following criteria (“Judging Criteria”):

• Creativity, fun of the Story;
• "Likes" and comments from the MIXOLOSHE community (Public Appeal); 
• Founders Rating; 

(A) In the event of a tie or ties, the Sponsor, in its sole discretion, will break the tie based on the Submission that received the highest score. The Sponsor reserves the right to select fewer than the stated number of Finalists if, in its sole discretion, there are an insufficient number of eligible and qualified Submissions. 

Advancement Notifications:

Inability to Contact: If we are not able to contact potential Winners via email or social media, or if the Winners do not respond to our notification with a Signed Declaration within three days as described in Section 11.c.i below, the potential Winner will be disqualified, and we will select alternate Winners in accordance with the Judging Criteria. 

Additional Requirements to Claim a Prize:

Documentation:
Each potential Winner will be required to sign and return a Declaration, which must be received by the Sponsor within three days after we attempt to contact that potential Finalist or Winner. If the Declaration is not received within three days, the potential Finalist or Winner will be ineligible to claim the trip to Miami Beach, Florida. 

Prizes 

A trip for the Winner to Miami Beach, Florida which includes: 

• Roundtrip coach-class air transportation for one (1) from an airport near Winners’s home to an airport near Miami Beach; 
• Two (2) nights' accommodations at Miami Beach, Florida;
• MIXOLOSHE Swag

d.   Additional Terms for Finalist Prizes: 

• Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. 
• No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to all terms, conditions, policies and procedures applicable to passengers set forth by the applicable carrier.
• Actual value of the trip portions of the Miami Beach weekend may vary based on airfare fluctuations and distance between departure and destination. Winners will not receive difference between actual and approximate retail value. 
• All expenses and incidental travel costs not expressly stated in the Prize description above, including but not limited to ground transportation to and from the Finalist’s home airport, incidentals, gratuities, passenger tariffs or duties, airline fees, baggage fees, surcharges, airport fees, service charges or facility charges, security fees, taxes or other expenses are the sole responsibility of the Finalist.  
• Each Finalist is solely responsible for obtaining valid passports and any other documents necessary for international travel.
• An IRS Form 1099 may be issued in the name of winner(s) for the actual value of the Prize(s) received.

e. Publicity Release. Subject to applicable law, the winner(s) irrevocably grants the Sponsor and each of its licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize to the winner. Entrants agree not to issue any publicity concerning the Sponsor or the Contest.

f.   Additional Terms: Prizes. 

• i. If a potential Finalist or Winner cannot be contacted as described above, or fails to execute and return the Declaration within the required time period or to provide any other requested information, the potential Finalist or Winner forfeits the Prize.  
• ii. In the event that a potential Finalist or Winner is disqualified for any reason, or any Prize is forfeited for any reason, an alternate Finalist or Winner will be determined (A) by the judges in accordance with the Judging Criteria.
• iii. Prizes are non-transferable and no substitution will be made unless the Sponsor, in its sole discretion, determines otherwise. Winners are responsible for all taxes and fees associated with Prize receipt and/or use. 

14. Release and Indemnity:

Please read this Section carefully. It affects your legal rights.

Release: By participating in this Contest and the acceptance or use of any Prize, the applicable Entrant agrees to release and hold harmless SuperShe and its suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s owners, shareholders, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of, relating to, associated with or incidental to the Contest (“Claims”), whether known or unknown to Entrant, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any Prize. Entrant further agrees to permanently and forever waive any and all such Claims to which it may be entitled, including those of which it may not be aware as of the date of this waiver.  

For residents of California: Residents of California, United States of America, explicitly agree to waive the protections to which they may be entitled under California Civil Code Section 1542, which reads:

A general release does not extend to claims which the creditor 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 must have materially affected his or her settlement with the debtor. 

Indemnity: Each Entrant agrees to indemnify, defend and hold the Released Parties harmless from and against any and all Claims arising out of or relating to the Entrant’s failure to comply with these Rules and the Entrant’s acts or failures to act. 

15. Limitation of Liability:

Entrant acknowledges and agrees that the Released Parties are 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail or email; or (6) 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 Contest or receipt or use or misuse of any prize.  The Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Released Parties are not responsible for any typographical/other error in Entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.  If for any reason an Entrant's Contest entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the applicable portion of the Contest, if it is possible. No more than the stated number of Prizes will be awarded. 

BY ENTERING THE CONTEST, 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.

16. Suspension / Modification / Termination: 

In the event Sponsor is prevented from continuing with the Contest by any event beyond its 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 Contest 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 Contest or Prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of that Contest; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of the Rules; or (c) acting in an un-sportsmanlike manner.

17. General Conditions:

The invalidity or unenforceability of any provision of the Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules is determined to be invalid or otherwise 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. Sponsor’s failure to enforce any term of the Rules will not constitute a waiver of that provision. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion.  Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner, as determined by Sponsor in its sole discretion.  Any attempt by any person to deliberately undermine the legitimate operation of the Contest 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 Rules shall not constitute a waiver of that provision.

18. Disputes: 

Dispute Resolution and No Class Relief. Except with respect to the protection and enforcement of the intellectual property rights of the Sponsor and its rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Rules or the Contest 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 Seattle, Washington, 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 Seattle, Washington, 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 Contest, or any Prize awarded, will be resolved individually, without resort to any form of class action.