Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. Purchase does not improve chance of winning.
1. Sweepstakes is open to legal residents of the 50 United States and D.C. who are twenty-one (21) years of age or older at the time of entry. Employees, officers, directors and agents of Sponsor and their respective parent companies, subsidiaries, affiliates, divisions, agents, third-party administrators and advertising agencies (collectively, the “Sweepstake Providers") and each of their immediate families (parents, siblings, children and/or spouses), regardless of where they live, or members of the same household (whether related or not) are not eligible to enter or win. Void where prohibited or restricted by law. All applicable federal, state and local laws and regulations apply.
2. Sweepstakes begins on December 2, 2021 at 12:01 A.M. (ET) and ends on December 4, 2021 at 11:59 P.M. (ET) (the "Sweepstakes Period"). Please be sure to account for any time difference from your local area.
3. To enter the Sweepstakes, during the Sweepstakes Period, participants must comment and tag a friend on the Mighty Swell Instagram post referencing this sweepstakes which will appear on the Mighty Swell Instagram page (@MightySwell) during the Sweepstakes Period. Entrants must also follow the @MightySwell and @OddRugs and like the post referencing this Sweepstakes through the end of the Sweepstakes Period to be eligible to win. Incomplete entries will be disqualified. Sponsor is not responsible for late, lost, stolen, damaged, garbled, incomplete, illegible or misdirected entries. You must have a current Instagram account to enter the Promotion by this method. You may create your own account without cost. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
In the event of a dispute over the identity of an entrant, entry will be deemed completed by the authorized account holder of the mobile telephone number or the name of the authorized Instagram profile/account holder provided at time of entry. "Authorized account holder" is defined as the natural person who is assigned to a mobile telephone number or email address by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization responsible for assigning the same, as applicable.
4. No limit of entries per person during the Sweepstakes Period. More than one entry received from the same person will be automatically eliminated, and Sponsor may disqualify any and all entries from such person. Any attempt to submit more than the maximum number of entries using multiple or different email addresses, identities, accounts, or any other methods will void that participant’s entry(ies). Entries generated by robotic, programmed script, macro, or by other automated means will be disqualified. No other forms of entry are valid other than those set forth above. Entries become the property of the Sponsor and will not be returned.
5. Grand Prize: One (1) Grand Prizes is available. The Grand Prize consists of one (1) variety pack which shall include: one (1) custom Cherry Lime Mighty Swell rug, two (2) Mighty Swell Original Variety 12 pack. Total Approximate Retail Value (“ARV”) of the Grand Prize is $150. Total ARV all prizes is $150. The odds of winning any prize depend on number of eligible entries received.
6. One (1) Grand Prize Winner will be selected in a random drawing to take place on or about December 5, 2021 from among all eligible entries received. The potential winners will be notified by an Instagram message using the account information provided or collected at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, such potential winner will forfeit the prize award and an alternate winner may be selected. Winners are required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within two (2) days of prize confirmation. If documents are not returned timely, prize will be forfeited and an alternate winner may be selected. Winner is responsible for any federal, state and local income and other taxes on prize, if any. Administrator shall only try to award any prize 2 times pursuant to the terms above; after which, at Sponsor’s sole discretion, the prize will not be awarded.
7. By entering this Sweepstakes, each entrant agrees to be bound by these Official Rules and by all decisions of the Sponsor and/or Administrator, which are final and legally binding in all matters related to this Sweepstakes. By participating in this Sweepstakes, each entrant (to include entrant’s parent/legal guardian, if entrant is a minor) hereby (a) releases and agrees to hold harmless, the Sweepstakes Providers, and Instagram, Inc. from any loss, damage, expense, rights, claims, demands, promises and actions of any kind arising out of or in connection with participation in this Sweepstakes or the acceptance, use or misuse of any prize, and, (b) agrees not to pursue any right, claim or action against the Sweepstakes Providers, or Instagram, Inc. in connection with their participation in this Sweepstakes. Winners agree to grant to Sponsor the right to use his/her name, portrait, picture, voice, likeness and/or biographical information in any media now known or hereafter devised for advertising and publicity purposes throughout the world, in perpetuity, without additional compensation (except where prohibited by law).
Neither Sponsor, nor any other Sweepstakes Providers are responsible for lost, illegible, late, misdirected, incomplete, or non-delivered entries; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, wireless carrier, telephone, or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone, wireless or cable transmissions, or lines, or technical failure or filtered, jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor any other Sweepstakes Providers are responsible for any incorrect or inaccurate information; and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, or communications line failure. Neither Sponsor, nor any Sweepstakes Provider is responsible for injury or damage to participants’ or any other person’s computer, mobile telephone or other device, related to or resulting from participating in this Sweepstakes.
If, for any reason, Sweepstakes, in the sole opinion of Sponsor, is not capable of running as planned by reason of any causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend Sweepstakes, and determine winners from entries appropriately received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with entry process or operation of Sweepstakes, and to pursue any and all available legal actions or remedies regarding the same.
8. Disputes: Except where prohibited, entrant agrees that: (1) 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 exclusively by the courts of Texas and waives objection to the venue of any proceeding in such court or that such court provides an inconvenient forum; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of Texas without giving effect to any choice of law or conflict of law rules (whether of the state of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Texas. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
9. The Sponsor is Mighty Swell Cocktail Co., 706 Guadalupe Street, Austin, TX 78701.
10. Requests for a copy of the Official Rules and for the name of the Winners must be made by March 1, 2021 For the name of the Winner and/or Official Rules: (i) send a self-addressed, stamped envelope postmarked to Mighty Swell Cocktail Co., 706 Guadalupe St., Austin, TX 78701; and (ii) write “OddRugs Cherry Lime Sweepstakes” along with “Winners Names” and/or “Official Rules” on the lower left-hand corner of the envelope. The official rules may also be found at mightyswell.com/giveaways.