Malibu Splash Into
Fall Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING.  THE FOLLOWING SWEEPSTAKES IS VALID
ONLY IN THE (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.), AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE
RULES BELOW).  VOID ELSEWHERE AND WHEREVER PROHIBITED.  BY
PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL
RULES AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR.  DO NOT
PARTICIPATE IN THE SWEEPSTAKES IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND
FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW. 

Sweepstakes Name:  Malibu Splash Into Fall Sweepstakes (the “Sweepstakes”).

Sweepstakes Dates: Sweepstakes registration is
scheduled to begin at 12:00:00am Eastern Time (“ET”) on 10/1/2022 and
end at 11:59:59pm ET on 1/1/2023 (the “Registration
Period”).  The Sweepstakes is subject to all applicable
federal, state and
local laws and regulations, and is void outside of the (50) U.S. and District
of Columbia, and wherever prohibited or restricted by law.

Who may Enter:  Sweepstakes is
open only to legal residents of the (50) United States or D.C., who are age 21
or older as of date of entry, and have a valid U.S. driver’s license or
government issued photo ID, except the following persons who are not eligible
to enter, participate or win:

(a)   Employees, officers, and
directors of Malibu Splash (“Sponsor”), Million Dollar
Media (the “Sweepstakes Administrator”), United States
Beverage, and each of the foregoing’s respective franchisees, owners,
employees, contractors, parents, affiliated companies, subsidiaries,
distributors, retailers, printers, advertising and
promotion agencies, any and all other companies associated with the design or
execution of this Sweepstakes, or any employees, officers, directors, members,
shareholders or agents of any alcohol-beverage retailers, distributors,
wholesalers or manufacturers (collectively, “Released Parties”), and the
members of the immediate families or households, whether or not related, of any
of the above. “Immediate family members” includes, for purposes of this
Sweepstakes, parents (including in-laws), grandparents, siblings
(including step-siblings),
children (including step-children), grandchildren (including step
grandchildren) and each of their respective spouses, regardless of where they
reside.

How
to Enter – Online Entry:  To enter, scan the QR Code on applicable point of sale
materials using your mobile device’s camera or directly visit www.MalibuSplashOffer.com during the
Registration Period, and connect to the Sweepstakes registration
page.  Follow the online instructions provided to complete the online
registration page with all required information including your name, valid
email address, phone number (including area code), date of
birth and state of residence.  After having read and agreed to these
Official Rules, click the submit button to submit your online
entry.  All entries must be fully complete with all required information, and must be
received by 11:59:59 pm ET on 1/1/2023 to be eligible.

a.     After completing your entry, you will have the option to share the
Sweepstakes utilizing a personalized URL link provided on the entry
confirmation page. If you choose to share the URL, you will earn an additional
bonus entry into the Sweepstakes grand prize drawing for each entrant who
completes an entry utilizing your shared personalized URL link.

Any
available opt-in opportunities are not required to enter the Sweepstakes, and
opting-in will not improve your chances of winning.  By
participating and submitting an entry, entrant agrees that sponsor and
participating parties are authorized to contact entrant via email, text, mail,
phone or any other form of media to make entrant aware of information pertinent
to the Sweepstakes, and to distribute information regarding the Sponsor(s)
featured products, special events or future contests, promotions or offers if the entrant has opted-in to receive offers and promotions as
part of completing the entry form.  Entrants may opt-out of any
further email communication at any time by simply replying REMOVE to any
email message, or following
the provided opt-out instructions.

Maximum of one entry per person per day, regardless of entry
method, except as noted above regarding bonus entries.  Any incomplete or illegible
entries will be disqualified.  Any entry submitted with an invalid
email address or other inaccurate, incomplete, or incorrect information will be
disqualified.  Released Parties are not responsible for lost, late,
misdirected, illegible, incomplete, invalid, unintelligible, damaged entries,
or for entries submitted in a manner that is not expressly allowed under these
rules, or for any entry not submitted or received due to any technical
error or failure, unauthorized human intervention, inaccurate capture or
mis-entry of any required information, or the failure to capture any such
information for any reason including programming or technical errors, or
effects of hackers or failure of any electronic equipment, computer or cellular
transmissions and/or network connections; all of which will be disqualified.

Each participant must submit an entry on his/her own
behalf.  Any entry submitted on behalf of another individual or using
another person’s email address, name or mobile number will be disqualified and
ineligible to claim any prize.  Any attempt by any participant to
obtain more than the stated number of entries allowed by using same,
multiple/different mobile numbers, identities, or any other methods void that
participant’s entries and
that participant may be disqualified.  No mechanically reproduced or
automated entries permitted.  Use of any automated system to
participate is prohibited and will result in disqualification and all such
entries will be deemed void.  All entries received become the
property of the Sponsor and will not be returned. 

In the event of a dispute as to any online registration, the
authorized account holder of the email address used to register will be deemed
to be the registrant and he/she must be eligible according to these Official
Rules.  The “authorized email account holder” is the natural person
assigned an email address by an Internet access provider, online service
provider or other organization responsible for assigning email addresses for
the domain associated with the submitted address.

By registering to enter Sweepstakes, you affirm that you have read
and accepted these Official Sweepstakes Rules.  All entrants agree to
be bound by and abide by the official rules of the Sweepstakes.

Winner Selection and Notification:  Sponsor shall conduct a
series of random prize drawings on or about 10/17/2022, 10/24/2022, 10/31/2022,
11/7/2022, 11/14/2022, 11/21/2022, 11/28/2022, 12/5/2022, 12/12/2022,
12/19/2022, 12/26/2022 and 1/2/2023 from among all eligible entries received as
of the date and time of each drawing to select one (1) potential prize winner
per drawing date (maximum of 12 grand prize winners, see prize
description below).

Each potential winner will be notified initially by phone and/or
email following their selection.  If the Administrator is
unsuccessful in its attempt to reach and speak directly with any selected
potential prize winner by phone within 48-hours of the initial notification
attempt to the phone number or email address associated with that entrant’s
entry, then that entrant may be disqualified and
an alternate potential winner may be randomly selected from among the remaining
eligible entries and notified as per the procedures outlined above (time
permitting). 

Note:
phone messages will not be left during the winner notification process.

During winner notification, the selected potential winner must
confirm their eligibility, and indicate their willingness and ability to accept
the prize.  The potential winner will then receive official
notification via mail or email delivery, including prize acceptance documents
which must be completed and returned (see below).  If the selected
winner does not meet the eligibility requirements, is unable or unwilling to
accept the prize, elects to decline the prize, or fails to return the required
prize acceptance documents as instructed within the required deadline, s/he
will be disqualified and, at Sponsor’s discretion and time permitting, an
alternate winner will be randomly selected from among all remaining eligible
entries and notified as per the procedures outlined above.  Any
disqualified entrant will not receive any alternate prize substitution or
compensation.

All of the following will apply to the winner: 1) Winner will be
required to complete and return, within 3-days of date of receipt, a prize
acceptance form, including an affidavit of eligibility and a
liability/publicity release (publicity release where permitted)  2)
Winner may be required to present a copy of a valid social security card and a
valid driver’s license or government issued photo ID as a condition of
receiving any prize;  and 3) Winner is responsible for paying all
applicable taxes (including, but not limited to all local, state and federal
taxes) on all prizes awarded.   

Decisions of the Sponsor and Administrator in the selection and
determination of prize winners and all matters relating to this Sweepstakes are
final and binding. 

Prize Award (maximum twelve (12) prize awards):  Each eligible
entrant designated as a prize winner shall be awarded: one (1) Malibu
Splash-branded SixThreeZero Beach Cruiser Bike,
subject to availability. Make, model and color of bike
as solely determined and designated by Sponsor.  Sponsor reserves the
right to substitute alternate merchandise item(s) of approximate equal or
greater value, based upon availability, in its sole
discretion.  Approximate retail value (“ARV”) of each
prize:  $349.  Total ARV of all available prize awards: $4,188.

General Prize Conditions:  No alcoholic
beverage is part of any prize award.  Prize awards (where
applicable) shall be shipped to winner’s residential address as provided at the
time of entry and/or winner notification via USPS or other Sponsor designated
shipping/mail carrier.  Allow eight to twelve (8-12) weeks for prize
delivery.  Once shipped, the prize shall be considered awarded, delivered and fulfilled, and
Sponsor shall have no responsibility for any shipment that is delayed, damaged,
lost, misdelivered, undelivered or stolen, or or any incorrect shipping address provided by
winner.  In the event of any delivery issues, prize award shall not
be replaced or substituted with any alternate prize award or
compensation.  Winner shall look solely to shipping carrier for any
lost, damaged, misdelivered, undelivered, stolen or delayed shipment.

All other costs and expenses related to prize acceptance,
delivery, redemption or use not specified herein as being provided are the sole
responsibility of winner.  All income, federal, state and local taxes are the
winner’s sole responsibility.  All prizes are awarded as is, without
any warranty, express or implied, by Sponsor.  All prize awards
are non-transferable and
no cash redemption or prize substitution allowed, except at Sponsor’s sole
discretion or as provided herein.  Sponsor reserves the right to
substitute a prize with one (1) of comparable or greater value, at its sole
discretion.  Failure to collect or
properly claim prize in accordance with these Official Rules will result in
forfeiture of the prize.  If forfeited for any reason, entrant will
not receive any other prize substitution or compensation, and the
prize will remain the property of Sponsor and will not be awarded, except as
provided herein.  All properly claimed prizes will be
awarded.  Any unclaimed prizes will not be awarded.

Additional
Rules & Restrictions:  By participating, entrants agree to abide by and be bound by the
Official Rules and the decisions of the Sponsor and Administrator, which shall
be final in all matters relating to this Sweepstakes.  In the event
an entrant wins a prize, and is
later found to be in violation of these rules he/she will be required to
forfeit the prize or to reimburse Sponsor for the stated value of the prize if
such violation is discovered after winner has used the prize. Participation in
Sweepstakes constitutes permission for the Sponsor, the Released Parties and their designees to
use entrants’ names, likenesses, images, biographical information, and cities
and states of residence for purposes of contacting potential winners to notify
them of a winning entry and to fulfill all necessary requirements to receive
the winning prize(s).  False, fraudulent or deceptive entries or acts
shall render entrants ineligible
for any prize.

By
participating, entrants agree to hold all Released Parties harmless from any
claims, losses, actions, or damages of any kind, whether actual, incidental or
consequential, for injury (including but not limited to death), damages, losses
or expenses arising out of or relating to entrant’s participation in this
Sweepstakes, or the acceptance, possession or use/misuse of any prize, or
participation in prize-related activities (including but not limited to travel
or activity related thereto), and to assume all liability therefor. 

Released Parties shall not be liable to winner or any other person
for failure to supply the prize or any part thereof by reason of any Force
Majeure Event.  The term “Force Majeure Event” as used herein shall
mean, without limitation, the following:  acts of God; strikes,
lockouts or other labor or industrial disturbances; acts of public enemies;
war; cyber-attack; orders or restraints of any kind from any governmental,
civil or military authority or from any of its departments, agencies or
officials (except when such governmental action results from a party’s failure
or refusal to comply with any applicable law, rule, or regulation);
insurrections; riots; power failure or surges; landslides; earthquakes; fires;
storms; lightning; droughts; floods; explosions; pest damage; viruses; plagues;
diseases; epidemics; pandemics; acts or omissions of communications or other
carriers; and any other cause or event not reasonably within the control of the
Released Parties.

Participants
are restricted to use of ordinary and typical computer equipment, mobile phone
equipment, Internet access and cellular networks. Sponsor disclaims all
liability for the inability of a participant to complete or continue an entry
due to equipment malfunction, busy lines, inadvertent disconnections, acts
beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability
for entries not received due to technical difficulties or transmission errors.
The Sponsor disclaims all liability for any delays, mis-delivery, loss, or
failure in the delivery of any item sent by mail, courier, express, electronic
transmission, or other delivery method.  Released Parties are not
responsible for mechanical, technical, electronic, communications, telephone,
computer, hardware or software errors, malfunctions or failures of any kind,
including: failed, incomplete, garbled or delayed transmission of online
entries, traffic congestion on telephone lines, the Internet or at any website
or lost or unavailable network connections which may limit an online entrant’s
ability to participate in the Sweepstakes, and any injury or damage to
entrant’s or any other person’s computer or mobile phone related to or
resulting from participating in or downloading any information necessary to
participate in the Sweepstakes.  Released Parties are not responsible
for any other errors of any kind, whether computer, technical, typographical,
printing, human or otherwise, relating to or in connection with the
Sweepstakes, including, without limitations, errors which may occur in connection
with the printing or advertising of this Sweepstakes, administration or
execution of the Sweepstakes, the cancellation of the game, the processing of
entries or in the announcement of the prizes or prize
winners.  Sponsor, in its sole discretion, reserves the right to
disqualify any person tampering with the entry process or the operation of the
Sweepstakes website.

Sponsor
reserves the right to cancel, modify, reschedule or terminate the Sweepstakes
for any reason including, but not limited to acts of God, pandemics, force
majeure, government regulatory action or ruling,  fraud, misconduct,
or if any technical failures, or human or programming errors, destroy or
threaten the integrity of the Sweepstakes, in the opinion of the Sponsor/Administrator,
or if a computer virus, bug, or other technical problem corrupts the
administration, security, or proper conduct of the Sweepstakes as determined by
Sponsor/Administrator, in their sole discretion. In the event of early
termination of the Sweepstakes, Sponsor reserves the right to determine prize
winners in a random drawing from among all eligible, non-suspect entries
received as of the time/date of such termination.

IN CASE OF DISPUTES:  By participating, each
entrant agrees that (1) any and all disputes, claims, and causes of action
arising out of or in connection with this Sweepstakes, or any prizes awarded,
shall be resolved individually, without resort to any form of class action, and
any judicial proceeding shall take place in a federal or state court within the
State of New Jersey; (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, and in no event will entrant be entitled to received
attorneys’ fees or other legal costs; and (3) under no circumstances will
entrant be permitted to obtain awards for, and entrant hereby waives all rights
to claim, 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 entrant and Sponsor in
connection with this Sweepstakes, shall be governed by, and construed in
accordance with the laws of the State of New Jersey, without giving effect to
any choice of law or conflict of law rules or provisions (whether of the State
of New Jersey or any other jurisdiction), that would cause the application of
the laws of any jurisdiction other than the State of New Jersey.

Odds:  Odds of being selected as a prize winner are dependent upon the
total number of eligible entries received as of the date and time of each prize
drawing as outlined above.

Official
Rules & Winners List:  For a copy of these Official Rules, or the name of
prize winner, send a self-addressed stamped envelope to be received by 2/15/2023
to: Malibu Splash Into Fall Sweepstakes, P.O. Box 278, Woodbridge,
NJ  07095.  PLEASE SPECIFY which you are requesting,
official rules or winners list.

Sponsor:  This Sweepstakes
is sponsored by Malibu Splash.

Sweepstakes
Administrator:  The Sweepstakes is administered by Million Dollar
Media, P.O. Box 278, Woodbridge, NJ 07095.

Malibu
Splash Sparkling Malt Beverage with natural flavors. 5% Alc/Vol.

©2022
Produced and canned by United States Beverage, LLC, La Crosse, WI. All Rights
Reserved.