Operation Backyard Renovate

OPERATION: BACKYARD RENO-VATE
…a mission to take care of one lucky service person – active or retired – and whip their backyard into shape!

Mike’s Hard Lemonade and WOKO want to know about active or retired military personnel in our community that could benefit from a spruced up backyard. Operation Backyard Reno-vate will award $3,000 to one nominated individual and make it our mission to spruce up, outfit, decorate and clean up their backyard turf!

Mike’s Hard Lemonade…cold…hard…refreshing…stands behind our soldiers. This summer as you enjoy Mike’s Hard Lemonade, distributed by Farrell Distributing, be part of Operation Backyard Reno-vate!

           
@mikeshardlemonade                                      @farrelldistributing

Mike’s® and 98.9 WOKO-FM Operation Backyard Reno-vate Official Contest Rules:

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. This contest is open only to legal U.s. residents, who are 21 years of age or older.  Offered only in vermont.  Void elsewhere and where prohibited by law.

1.  Eligibility:  Open only to legal U.S. residents who are 21 years of age or older at time of entry/participation. ONLY PERSONS WHO ARE LEGAL U.S. RESIDENTS OF VERMONT MAY BE NOMINATED FOR A CHANCE TO WIN THE PRIZE, AS DISCUSSED BELOW (“NOMINEE”– A PERSON WHO IS THE SUBJECT OF AN ESSAY/NOMINATION SUBMITTED BY A NOMINATOR AS AN ENTRY IN THE CONTEST). But, as long as you are a legal U.S. resident (regardless of your state/jurisdiction of residence) you may function as a “Nominator.” Employees, officers and directors of the following entities and members of their immediate families (defined as parent, child, sibling, spouse) or same households (whether related or not) are NOT eligible to enter the Contest as a Nominator, participate in the Contest as a Nominee  or win a prize (if a Nominee): Mark Anthony Brands Inc. (“Sponsor”), Hall Communications, Inc. (98.9 WOKO), The Champlain Valley Exposition, and their respective parent companies, subsidiaries, divisions, affiliates, prize suppliers, advertising and promotion agencies, as well as alcohol beverage licensees (i.e., alcohol beverage suppliers, importers, wholesalers, distributors and retailers).  {For the avoidance of doubt, persons who are otherwise eligible and who volunteer or make contributions to The Champlain Valley Exposition ARE eligible to enter/participate in the Contest either as a Nominator or Nominee.} By submitting an entry in the Contest as a Nominator or consenting to be the subject of an essay/entry as a Nominee (as the case may be), you are agreeing to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects.

2. Contest Period:  Contest starts at 12:00:01 a.m. Eastern Time (ET) on June 19, 2017 and ends at 11:59:59 p.m. (ET) on August 13, 2017.

3. How To Enter:  Access the 98.9 WOKO-FM website at www.woko.com and click on the mike’s® banner for on-screen instructions; such instructions are made a part of these Official Rules and incorporated herein by reference.

Nominate an active or retired member of the U.S. armed forces and associated branches (who meets the eligibility criteria for a Nominee as set forth in Rule 1 above) OTHER THAN yourself by submitting an original essay in English of 98 words or less describing why they are the ideal nominee to receive $3,000.00 which may be used for a backyard makeover. (If essay exceeds 98 words in total, Sponsor will disqualify the entry/nomination altogether.)   Complete the form located on the Website entry page, and click the submit button. (Essay must be included in applicable field of entry form; if submitted otherwise, essay is void and will not result in entry.)  Limit one (1) entry/essay/nomination per Nominator during the Contest Period; and, for the avoidance of doubt, an entry/essay may include a nomination for only one (1) person. Should a Nominator submit more than one (1) entry/essay/nomination, only the initial entry/essay/nomination will be reviewed and all additional entries/essays/nominations will be voided and discarded.   Sponsor reserves the right in its sole discretion to disqualify from the Contest altogether (with all entries/essays/nominations being voided and discarded) any person determined by Sponsor to be engaged in repeated, egregious or blatant violations of the entry limit. Once an essay/entry is submitted, it cannot be supplemented, modified or edited in any way by Nominator or Nominee discussed therein, except for substantiation as may be required by Sponsor or its designees (including Hall Communications, Inc. [98.9 WOKO-FM]) as set forth below. A confirmation will appear thanking you for your submission but confirmation of receipt of submission does NOT constitute any representation by Sponsor as to eligibility of entry/nomination.  All on-line entries must be received by 11:59:59 p.m. ET on August 13, 2017.

In the event of a dispute, Nominator will be deemed to be the authorized account holder of the e-mail address used to submit entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses.

Nominator further represents and warrants that he/she has secured the express written consent of the Nominee and that, to the best of Nominator’s knowledge and belief, the actions of Nominee as communicated in the entry/essay/nomination are truthful and accurate. Nominators are strongly encouraged to share the essay with the Nominee for his/her approval prior to submission of entry/nomination. Nominator understands and agrees that Sponsor or its designees (including Hall Communications, Inc. [98.9 WOKO]) may require Nominator to substantiate such consent and/or the truth of the actions of the Nominee; and, noncompliance with this requirement or if Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) determine in their sole discretion that the materials submitted by Nominator fail to serve as adequate substantiation, the essay/entry/nomination will be deemed void.

Essays/entries/nominations also will be deemed void if Sponsor or its designees (including Hall Communications, Inc. [98.9 WOKO]) determine in their sole discretion that the essay:

(a) violates or infringes upon the rights of the Nominee or any other party (including copyright, trademark, right of privacy, right of publicity);

(b) is inappropriate, obscene, hateful, or otherwise unfit for publication;

(c) disparages or damages the goodwill and/or business reputation of Sponsor, its mike’s®  brands, WOKO-FM (98.9), or The Champlain Valley Exposition;

(d) is irrelevant to the Contest theme;

(e) references persons consuming alcohol beverages;

(f) includes content that states or implies that consuming alcohol beverages is appropriate while engaging in any activity that requires a high degree of alertness or physical coordination (e.g., operating a motor vehicle);

(g) references persons who are under 21 years of age;

(h) advocates the use of drug, acts of violence or illegal conduct of any kind.
Grant of Rights:

Nominator and Nominee identified in Nominator’s entry each grant to Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the essay in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Nominator/Nominee (as applicable). Nominator and Nominee each further waive any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in the essay. Nominator and Nominee further agree, upon the request of Sponsor and/or its designees (including Hall Communications, Inc. [98.9 WOKO]) and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this paragraph.

Nominator and Nominee each also understand and agree that

(a) Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) each have wide access to ideas, stories, designs and other literary/artistic materials submitted to either party from outside sources or being developed by either party’s own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the essay submitted by a Nominator regarding a Nominee and that Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) shall have no liability to Nominator, Nominee or any third party in conjunction therewith under any legal theory;

(b) Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) do not have any duty of confidentiality or other fiduciary duty to Nominator or Nominee relative to the essay submitted as an entry/nomination in the Contest.

(c) ESSAYS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE NOMINATOR AND NOMINEE AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR AND ITS DESIGNEES (INCLUDING HALL COMMUNICATIONS, INC.[98.9 WOKO]) IN ANY MANNER. SPONSOR AND ITS DESIGNEES (INCLUDING HALL COMMUNICATIONS, INC. [98.9 WOKO]) ARE MERELY REQUESTING PERSONS TO SUBMIT ESSAYS AND DISCLAIM ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME.  SHOULD SPONSOR AND/OR HALL COMMUNICATIONS, INC. (98.9 WOKO) ELECT TO POST AN ESSAY, SPONSOR AND/OR HALL COMMUNICATIONS, INC. (98.9 WOKO) WILL NOT EDIT OR MODIFY SUCH ESSAY NOR SHALL SUCH POSTING OF ESSAY CONSTITUTE ANY DETERMINATION OF ELIGIBLITY OF THE ENTRY/ESSAY/NOMINATION FOR THE CONTEST OR ANY NOTIFICATION OF THE NOMINEE IDENTIFIED IN THE ESSAY BEING SELECTED AS THE PRIZE WINNER IN THE CONTEST.

4.  Prize & Prize Restrictions:  One (1) Grand Prize will be made available to be won by one (1) winning Nominee.  Winning Nominee will receive a cash award of $3,000 which may be used for a backyard makeover (or otherwise).  Grand Prize will also include two (2) tickets (one [1] ticket for winning Nominee; one [1] ticket for winning Nominee’s guest who must be 21 years of age or older but who need not be an individual who nominated winning Nominee) to a concert at the Champlain Valley Fairgrounds in Essex Junction, Vermont (“Concert”). Tickets will include access to a designated Mike’s® area at the concert and may include a back-stage meet and greet opportunity with Concert performers (time, location and other details of/restrictions on back-stage meet and greet opportunity will be provided to winning Nominee at or after time of prize notification, assuming that this prize element is available; and, if this prize element is not available for any reason, Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO] will not have any liability of any kind to winning Nominee except for the other, remaining elements of the Grand Prize. Should the back-stage meet and greet opportunity be awarded, such prize element is offered subject to the professional commitments and availability of Concert performers and Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) make no representation or warranty that Concert performers will be available for any prescribed amount of time or at all and shall have no liability of any kind (except for the other, remaining elements of the Grand Prize) if the back-stage meet and greet opportunity is awarded but Concert performers are not available for any reason. Approximate Retail Value of Concert Tickets: $110.00.

Concert ticket element of Grand Prize (including access to mike’s® area, back-stage meet and greet opportunity [if available] as well as attendance at Concert itself) is subject to terms and conditions as indicated thereon; seat locations are of Sponsor’s sole choosing. If Concert ticket element of Grand Prize is unavailable for any reason beyond Sponsor’s control, Sponsor’s sole liability is the award of the face value of the Concert tickets and $3,000.00 to the winning Nominee. But, if the winning Nominee cannot attend the Concert on [date TBA] for any reason, Sponsor’s liability is limited to awarding the winning Nominee $3,000.00 and the Concert ticket element of the Grand Prize will be forfeited without compensation of any kind. If winning Nominee chooses to attend the Concert without a guest, he/she will only receive one (1) Concert ticket and no additional prize or compensation shall be awarded in conjunction therewith.  Guest of winning Nominee will be required to sign and return a liability release and a publicity release (where lawful), prior to issuance of Concert tickets. Winning Nominee and his/her guest each further agree to conduct themselves at all times in a socially responsible, appropriate and well-behaved manner as well as following all instructions of Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]), with the understanding that failure to do so will result in ejection from the Concert, and in the case of winning Nominee,  possible forfeiture of Grand Prize (or return of same if already awarded to winning Nominee, as applicable); and, in such circumstances, Sponsor shall not have any liability to winning Nominee or his/her guest under any legal theory. The preceding includes but is not limited to the conduct of winning Nominee and his/her guest in utilizing the back-stage meet and greet opportunity element of the Grand Prize (if and to the extent applicable.) No prize transfer is allowed except with the prior written consent of Sponsor, which may be granted or withheld in its sole discretion and without liability of any kind.

All unspecified costs in conjunction with acceptance and use of the prize (including but not limited to costs of travel to/from Essex Junction, Vermont for Concert) are the sole responsibility of winning Nominee.  Winning Nominee will also be solely responsible for any and all taxes on the prize, including income taxes; winning Nominee will be issued an IRS 1099 Tax Form for the total fair market value of the prize and agrees to fully cooperate with Sponsor in conjunction with its compliance with all applicable government tax reporting requirements.

Where lawful, winning Nominee’s acceptance of the prize constitutes winning Nominee’s consent to the use of his/her name, voice, photo, image, likeness, biographical information and other indicia of his/her persona for advertising, trade and promotional purposes by Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) without further compensation or notice of any kind.

5.  Determination of Winning Nominee:  Essays will be judged equally on the basis of originality and overall significance of Nominee’s accomplishments. Such judging will be conducted by Sponsor on or about August 14-17, 2017.  The winning Nominee will be the eligible Nominee (from among the eligible Nominees identified in all eligible essays/entries/nominations) with the overall highest score in the judging. In the unlikely event of a tie, the tied Nominees will be submitted to an additional Sponsor representative who will break the tie utilizing the aforementioned judging criteria.

The winning Nominee will be notified via email or phone (specific method of notification being of Sponsor’s sole choosing) on or about August 18, 2017 and will be required to sign and return an affidavit of eligibility, a liability release and a publicity release (where lawful) within five (5) business days on  notification materials. In addition, winning Nominee may be required to consent to Sponsor or its agent conducting a background check on him/her, with the understanding that the prize will be forfeited and Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) shall have no liability to him/her under any legal theory and will have no recourse if Sponsor determines in its sole discretion that the background check includes any information regarding winning Nominee (whether or not the accuracy of such finding can be substantiated) which may place Sponsor into disrepute or adversely affect the business reputation of Sponsor or of its Mike’s® products.   In the event of noncompliance with the preceding requirements (as applicable) or, if potentially winning Nominee cannot be contacted for any reason, the prize will be forfeited without compensation of any kind and an alternate winner may be selected at Sponsor’s sole discretion.  For the avoidance of doubt, Nominator(s) whose entry/entries discussed the winning Nominee will NOT receive any prize in the Contest.

6.  Release of Rights.  By submitting an entry in the Contest as a Nominator or consenting to be the subject of an essay/entry/nomination as a Nominee (as the case may be), you agree to release, indemnify and hold harmless Mark Anthony Brands Inc., Hall Communications, Inc. (98.9 WOKO), The Champlain Valley Exposition, and their respective parent companies, subsidiaries, divisions, affiliates, prize suppliers, advertising and promotion agencies and the employees, officers, directors, shareholders, representatives, successors and assigns of any of the preceding entities, as well as Facebook, Inc., from any and all liability in conjunction with participation in the Contest, any Contest-related activity and (with regard to winning Nominee, as applicable) the acceptance, possession, receipt or use/misuse of the prize.

7.  Limitations of Liability:  This Contest is not sponsored, endorsed or authorized in any manner by the United States Government or the United States Armed Forces.  The computer of Hall Communications, Inc. (98.9 WOKO) is the official clock for all purposes of the Contest. Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) assume no responsibility under any legal theory for (a) any incomplete, incorrect or inaccurate information whether caused by web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any web site (including the 98.9 WOKO-FM web site) or entries/essays/nominations; (c) any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming or failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site (including the 98.9 WOKO-FM web site) or any combination thereof, or for injury or damage to Nominator’s, Nominee’s or to any other person’s computer (or any information/materials stored thereon) related to or resulting from downloading materials from any web site (including the 98.9 WOKO-FM web site) or participating in the Contest either as a Nominator or Nominee; and (d) late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled e-mail transmissions or entries/essays/nominations regardless of cause (and, all such entries/essays/nominations are void.)

8.  Force Majeure:  If the Contest (or any part thereof) is not capable of running as originally planned for any reason beyond the control of Sponsor or of  Hall Communications, Inc. (98.9 WOKO) [e.g., natural disaster, unauthorized intervention, fraud, civil commotion],  Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the Contest and select the winning Nominee from among all eligible entries/essays/nominations received prior to the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion.  Notice of such action by Sponsor will be posted on the 98.9 WOKO website.

9.  Tampering:  ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE 98.9 WOKO WEBSITE (OR ANY OTHER WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR  RESERVES THE RIGHT TO VOID SUCH PERSON’S ENTRY/PARTICIPATION IN THE CONTEST WHETHER  SUCH PERSON IS A NOMINATOR OR NOMINEE (IF APPLICABLE), PROHIBIT SUCH PERSON FROM PARTICIPATING IN FUTURE PROMOTIONS OFFERED BY SPONSOR, AS WELL AS TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER SUCH CIRCUMSTANCES, HALL COMMUNICATIONS, INC. (98.9 WOKO) MAY ALSO PURSUE REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW SO AS TO PROTECT ITS LEGAL RIGHTS.

10.  Additional Conditions of Participation:  Sponsor and its designees (including Hall Communications, Inc. [98.9 WOKO]) are not responsible for any typographical, technical, or other error in the printing of the offer, administration of the Contest or in the announcement of the prize or winning Nominee.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, control and govern. If an entry/essay/nomination is lost, destroyed or corrupted, Sponsor shall not have any liability of any kind to either the Nominator submitting such entry/essay/nomination or the Nominee identified in such entry/essay/nomination.  Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not represent the waiver of such provision. Should a court of competent jurisdiction deem a given provision of these Official Rules to be invalid, illegal or unenforceable, such provision will be replaced with a substitute provision which is valid/legal/enforceable and most closely approximates the original intent of Sponsor.  The invalidity, illegality or unenforceability of any provision of these Official Rules shall not affect the validity, legality or enforceability of any other provision of these Official Rules. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.

11.  Disputes:  This Contest is governed by the laws of the State of Illinois, without respect to conflict of law/choice of law doctrines of Illinois (or of any other jurisdiction which would lead to the application of the law of any jurisdiction other than Illinois). To the fullest extent permitted by law, as a condition of participating in the Contest, Nominator and Nominee each agree (a) that any and all disputes regarding the Contest which cannot be resolved between the parties shall be resolved individually, without resort to any form of class action, exclusively before a federal or state court located in Cook County, Illinois; (b) to the personal jurisdiction of such courts and to waive any right of inconvenient forum, change of venue or any like right; (c) that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in submitting an entry/essay/nomination (or consenting to participate) in the Contest, as applicable (if any), but in no event attorney’s fees, with all other forms of remedy – including but not limited to punitive, incidental, or consequential damages and injunctive relief – being expressly waived.

12.  Winner’s List:  For name of winning Nominee, please send a self-addressed stamped envelope to WOKO, 70 Joy Drive, South Burlington, Vermont 05403 for receipt by August 21, 2017.  Winner’s list will be available after August 21, 2017.

Sponsor:  Mark Anthony Brands Inc., Chicago, IL  60661

© 2017 Mike’s Hard Lemonade Co., Chicago, IL.  Www.mikeshard.com ® is a registered trademark and ™ is a trademark of Mike’s Hard Lemonade Co.

MIKE’S IS HARD.  SO IS PRISON.  DON’T DRIVE DRUNK. ®

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