NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.  

ELIGIBILITY 

Open to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age and the age of majority in their jurisdiction of residence at the time of entry. Void where prohibited or restricted by law or regulations.  Employees, officers and directors of Pharmapacks, LLC(“Sponsor”) prize suppliers, and their parent and affiliate companies, subsidiaries, partners, and each of their respective immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.   

ENTRY PERIOD 

The Sweepstakes begins at 9:00 a.m. Eastern Time ("ET") on June 7, 2021 and ends at 9:00 a.m. ET on June 21, 2021 (the "Entry Period"). Sponsor's computer is the official time-keeping device and Sponsor shall determine timeliness of entries in its sole discretion. Entries received after the Entry Period will not be eligible. Limit one entry per person/e-mail address. Only fully completed entries are eligible. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned.  

HOW TO ENTER 

There is one (1) method of entry: (i) the Instagram Method of Entry outlined below (collectively, "Entry" or "Entries"). 

INSTAGRAM METHOD OF ENTRY: You must have an Instagram with direct messaging enabled in order to participate in the Sweepstakes. Instagram is free to join. If you do not have an Instagram account, you can sign up for one either at your mobile app store or www.instagram.com. When you join Instagram, you are indicating that you have read and agree to accept Instagram’s Terms of Service and Privacy Policy. For avoidance of doubt, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. 

The official @splashebrands account will upload image(s) and/or video(s) announcing the Sweepstakes during the Entry Period (each, a “Sweepstakes Post”). 

To enter the Sweepstakes via the Instagram Method of Entry, Entrant must: 

LIKE the Sweepstakes Post; 

TAG two (2) friends in the comments section under the Sweepstakes Post with the hashtag #sweepstakes; and 

FOLLOW @splashebrands on Instagram (“Submission”). 

The Entry must be made during the Entry Period. By making an Entry in connection with your Instagram account, you acknowledge and agree that the Sponsor has the right to use your Submission in any way they see fit. Entrant must have a valid e-mail address. It is Entrant's responsibility to update Sponsor in the event that Entrant changes its e-mail address. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries become the property of the Sponsor and will not be returned. Proof of Submission does not constitute proof of receipt. False and/or deceptive Entries or acts, including misrepresentation of age, shall render such Entries ineligible. If there is a dispute as to the identity of an Entrant, the Prize will be awarded to the Authorized Account Holder (defined below) of the Instagram account to which the winning Submission was posted. If a dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible and another Potential Winner (defined below) will be selected. By entering via the Instagram Method of Entry you agree to receive emails from Sponsor. 

Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device. 

 RANDOM DRAWING AND NOTIFICATION: After the Entry Period, on or about [June 23, 2021], Sponsor will randomly select one (1) potential winner (each a "Potential Winner") from all eligible Entries received during the Entry Period. The winner is considered a Potential Winner pending verification of eligibility and compliance with these Rules. The Potential Winner will be contacted via Instagram direct message or by e-mail (as applicable) approximately five (5) business days after the random drawing using the contact information given at the time of Entry in order to verify eligibility and confirm him or her as the winner. If Sponsor is unable to contact any Potential Winner within five (5) business days or if the Potential Winner fails to comply with these Rules or applicable law, the Potential Winner’s Prize is forfeited and an alternative winner will be randomly selected (time permitting). 

The Prize will be awarded within approximately fourteen (14) days after a Potential Winner is verified by Sponsor and all "Winner Requirements” (detailed in section 8 below) have been met. If applicable, winners must provide an accurate postal mailing address so that prize can be mailed to the recipient. 

In the event of a dispute over the identity of the Potential Winner, Entries will be deemed made by the authorized account holder of the email account submitted at the time of Entry. The authorized account holder is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor will disqualify anyone suspected of entering by opening two separate accounts with different email addresses. The Potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the winning Entry and that all eligibility requirements are met. If a dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible. Entrant is responsible for notifying Sponsor in writing if his or her email or other contact information has changed. 

PRIZE 

Upon completion of the Winner Requirements, the Winner will receive (a) $100.00 in credit (“e-Gift Card”) to use towards purchases on www.splashe.com (“Website”) Certain conditions and restrictions may apply to prizes and gift card terms and conditions apply. Prizes are non-transferable and no substitution or cash equivalent is allowed except that Sponsor reserves the right to substitute a prize with one of comparable approximate retail value. Odds of winning a prize depend on the number of entries received. Any expenses that may be associated with receipt or use of prize that are not specifically listed herein are the responsibility of winners. All federal, state and local taxes on a prize, as well as any incidental costs that may be associated with the prize, are the sole responsibility of the winner of that prize. 

 

 WINNER REQUIREMENTS 

The Potential Winner must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. The Potential Winner must provide Sponsor with a valid social security number for tax reporting purposes. The Potential Winner will be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release within three (3) days following the date of attempted notification. If a Potential Winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the Price Claim Documents within the applicable time period, Sponsor may elect to disqualify the Potential Winner, who will then forfeit his or her right to receive the Prize. In the event the Potential Winner is disqualified for any reason, Sponsor may (in its sole discretion) award the Prize to an alternate winner selected by a random drawing from among all remaining eligible Entries (time permitting) or not award the Prize. Arrangements for delivery of the Prize will be made after winner validation. Potential Winner must be at least 18 years of age and the age of majority in his/her state/province or jurisdiction of primary residence.  

Acceptance of any Prize shall constitute and signify the Potential Winner's agreement and consent that Sponsor may use the Potential Winner's name, city, state, likeness, photo, Entry, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Rules, the Potential Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Potential Winner accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. 

  

RELEASES AND LIMITATIONS OF LIABILITY: By entering the Sweepstakes, each Entrant agrees to forever and irrevocably release and hold harmless Sponsor, Instagram and each of its and their affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, business partners, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, and representatives (collectively, the "Released Parties") from any and all claims, lawsuits, judgments, causes of action, injuries, losses, proceedings, demands, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) (collectively, "Claims") related to this Sweepstakes or Prize, including without limitation, Claims that may arise in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible Entries or for failure to receive Entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an Entrant's ability to participate in the Sweepstakes; (ii) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof)and for any claims based on copyright, trademark, publicity rights, defamation or invasion of privacy and merchandise delivery; (iii) any change in the Prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor's control; (iv) any incorrect or inaccurate information, whether caused by Entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (v) the violation of any third-party privacy, personal, publicity or proprietary rights; (vi) any interruptions in or postponement, cancellation or modification of the Sweepstakes or these Rules; (vii) any technical malfunctions or unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (viii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (ix) death or personal injury caused by negligence any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Prize or resulting from acceptance, possession or use of a Prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; or (x) any inability of the Potential Winner to accept or use the Prize (or portion thereof) for any reason. Released Parties assume no responsibility for any damage to an Entrant's computer system which is occasioned by accessing the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in Entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such Entries may, in Sponsor's sole and absolute discretion, be disqualified. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any prize. Released Parties will not be liable to Potential Winner, or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a "Force Majeure" event or occurrence), or any other cause beyond Released Parties' control.  
 
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  
 
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. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE APPLICABLE PORTIONS OF THESE RULES MAY NOT APPLY TO YOU. 

ADDITIONAL RULES 

Sponsor reserves the right to (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Sponsor may prohibit an Entrant from participating, winning, or accepting a prize (and void all associated Entries) if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision. Entrants must have a valid e-mail address, and it is Entrant's responsibility to update Sponsor of any change in e-mail address. Any violation of these Rules or any behavior of the Potential Winner that may bring the Potential Winner or Sponsor into disrepute (in Sponsor's sole discretion) or false and/or deceptive Entries or acts, including misrepresentation of age, may result in Potential Winner’s disqualification from the Sweepstakes and all privileges as a winner will be immediately terminated. 

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS SITE OR INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

DISPUTES; CHOICE OF LAW 

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE 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 NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF NEW YORK OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (3) EXCEPT WHERE PROHIBITED, 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 RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. EXCEPT WHERE PROHIBITED, EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES' DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS SWEEPSTAKES THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSORS INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. THE ARBITRATION WILL BE HELD IN NEW YORK, NEW YORK. THE ARBITRATOR WILL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF NEW YORK, WILL ISSUE A WRITTEN DECISION AND WILL HAVE THE POWER TO AWARD ANY LEGAL REMEDIES EXCEPT AS LIMITED BY THESE RULES. The parties will split the arbitrator's fee; provided, however, if applicable law requires Sponsor to pay the arbitrator's fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. 

INDEMNITY: Each Entrant (including Potential Winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Entrant’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any Prize, including without limitation, personal injury, death and property damage arising therefrom. 

PRIVACY POLICY/DATA COLLECTION: Any personally identifiable information collected during an Entrant's participation in the Sweepstakes will be collected by Sponsor or its designee(s) and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Rules and in accordance with Sponsor's Privacy Policy located at splashe.com/privacypolicy. Each Entrant agrees to the collection, processing and storage of Entrant's personal data by Sponsor for purposes of the Sweepstakes. 

SEVERABILITY: If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement. 

WINNER LIST: For a list of the winner(s), email promos@splashe.com  Subject: Spring Into Summer Splashe Sweepstakes- 06/07/21 - 06/21/21. Requests must be received within thirty (30) days following the close of the Entry Period. 

SEVERABILITY: If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement. 

  
THIS PROMOTION IS NOT ENDORSED BY OR AFFILIATED WITH INSTAGRAM.  YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.