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ROSE CLOUD GIVEAWAY x ATIAN

OFFICIAL GIVEAWAY RULES

NO PURCHASE OF ALCOHOL OR PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN A PRIZE IN THE GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

‍NOTICE: This Giveaway is intended for legal residents aged twenty-one (21) or older of the United States and the District of Columbia only. This Giveaway is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law, or where Sponsor is unable to obtain regulatory approvals or determines that an entrant is ineligible. Do not enter this Giveaway if you are not eligible and are not located in the United States or the District of Columbia at the time of entry. Internet access as of September 6-8, 2022 and a valid email address are also required to enter.

This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. By submitting an entry, you understand that you are submitting your information to Sponsor. By entering the Giveaway, each entrant waives, discharges and releases Instagram from any and all liability associated with the Giveaway. Any questions, comments or complaints regarding the Giveaway must be directed to Sponsor and not to Instagram.

1. ELIGIBILITY:

‍The Rose Cloud Giveaway (“Giveaway”) is open to legal residents of the fifty (50) United States and District of Columbia who are twenty-one (21) years of age or older at the time of entry. Employees of ATIAN (“Sponsor”), and its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively the “Employees”), the immediate family members and/or those living in the same household of Employees, and Sponsor’s licensed alcoholic beverage retailers, wholesalers, and distributors are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations and is void where prohibited.

‍2. AGREEMENT TO RULES:

‍Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions which are final and binding in all matters related to this Giveaway. Winning a prize is contingent upon fulfilling all requirements as set forth herein.‍

‍3. GIVEAWAY PERIOD:

‍Giveaway begins at 7:00 AM Eastern Time (“EST”) on September 6th, 2022 and ends at 11:59:59 PM EST on September 8, 2022 (the “Giveaway Period”). Sponsor’s computer is the official time keeping device for this Giveaway.

4. HOW TO ENTER:

‍VIA INSTAGRAM: During the Promotion Period, the ATIAN Instagram account will post a Giveaway call-to-action Post (“Instagram Post”). You must be a registered user of Instagram, “like” the Giveaway call-to-action Post (“Instagram Post”), follow @atian.gin @mariobadescu and @eberjey, and “tag” another registered Instagram user on said post, in order to enter the Giveaway on Instagram. You may use one (1) or more Instagram account ID to enter. Entry must be manually key-stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using a script, macro, bot or Giveaway service) will be disqualified and transmissions from these or related IP addresses may be blocked.

Instagram registration is free and can be obtained by logging on to www.Instagram.com and following the online instructions to open an account. By submitting an Entry, you agree to abide by Instagram’s Terms of Use available at http://instagram.com/about/legal/terms/# and Rose Cloud Giveaway Rules. Your Instagram account settings must be set to “unprotected” and/or “public” in order for your posts to be viewable by Sponsor. Only posts that are viewable by Sponsor will be considered an Entry. If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges.

Entries may not contain, as determined by Sponsor’s sole discretion, any content that: Violates or infringes another’s rights, including, but not limited to, privacy, publicity, or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., celebrities, public figures, animated characters, names, logos, symbols, slogans from other people, companies or parodies of other people or other companies).Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive; promotes irresponsible or excessive consumption of alcohol; or promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message; defames, misrepresents or contains disparaging remarks about other people or your company; contains trademarks, trade names, trade secrets or copyrighted materials owned by others; contains any personal identification, such as license plate numbers, personal names, email or street addresses; contains competitive products of Sponsor; communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and/or violates any law or infringes upon the rights of your company or any other company.

Sponsor reserves the right to monitor Entries and to disqualify any Entry that is deemed to be inappropriate. Sponsor has no obligation to use or post any Entry submitted. The use of an Entry by Sponsor does not have any effect on the winner selection process. By submitting an Entry, you warrant and represent that your Entry is original and was created solely by you. By submitting an Entry, you warrant and represent that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, an Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with the Official Rules, the Sponsor may disqualify that Entry. Sponsor is not responsible for lost, late, un-received, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Entries, failure to receive Entries due to limitations of third-party social network platforms, Entries that are lost due to computer or electronic malfunction or other error or Entries not received for any reason.

ALL ENTRIES MUST BE RECEIVED BY 11:59:59 PM EST ON SEPTEMBER 8TH, 2022.

‍‍5. INTELLECTUAL PROPERTY RIGHTS:

‍Entries posted are the views/opinions of the individual entrant and do not reflect the views of Sponsor in any manner. By participating in the Giveaway, each entrant grants Sponsor a perpetual, worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and the right to edit, modify, publish, use, reuse, not use, distribute, publicly display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant’s name), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (non commercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor and each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the entrant, except where prohibited by law. In addition, each entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein.‍

‍6. DIGITAL MILLENNIUM COPYRIGHT ACT:

‍Once an Entry is entered into the Giveaway, any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR. If requested, entrant will sign any documentation that may be required for Sponsor or its agents to make use of the non-exclusive rights entrant is granting to use the Entry.‍

‍7. GIVEAWAY DRAWING:

‍One (1) potential winner will be selected on or about September 8th, 2022 from among all eligible Entries received by Sponsor, whose decisions are final in all matters relating to this Giveaway. Odds of winning depend on the number of eligible Entries received during the Giveaway Period.‍

‍8. WINNER NOTIFICATION:

‍Prize will be awarded provided it is properly claimed. One (1) potential winner will be contacted by Sponsor or its agents via email and will be asked to provide additional information back to the Sponsor or its agents, for verification of eligibility and mailing address for prize fulfillment. Potential winner will be required to respond to the notification within twenty-four (24) hours indicating whether he/she can accept the prize. If the potential winner does not respond to the notification within the twenty-four (24) hour time period, the prize will be forfeited and an alternate potential winner will be selected. Noncompliance within this time frame, return of prize or prize notification as undeliverable, or declining the prize for any reason, will result in disqualification without further notice and selection of an alternate winner in a random drawing from among all remaining eligible Entries. Sponsor or its agents will attempt to contact up to three (3) alternate potential prize winners should an original prize winner not respond in order to award the prize. In the event that none of the three (3) alternate potential prize winners respond to the notification, the prize will not be awarded.

Potential winner may be required to provide a copy of his/her government issued photo identification and complete, sign and return a declaration of eligibility and liability and, unless prohibited by law, publicity release to Sponsor or its agents within forty-eight (48) hours of prize acceptance. Subject to verification of eligibility and compliance with the terms of these Official Rules, including verification that the winner is twenty-one (21) years of age or older, the potential winner will be declared an official winner of the Giveaway. If Sponsor cannot verify that the potential winner is twenty-one (21) years of age or older prior to winner notification, then the potential winner will be disqualified and an alternate potential winner will be selected. Sponsor is not responsible for suspended or discontinued Internet, wireless, or land-line phone service or a change in an entrant’s email, phone number or mailing address which may result in a potential winner not receiving initial prize notification or his/her prize information.

‍9. PRIZE DETAILS:

‍Winner will receive an exclusive ATIAN cocktail book, matchbox, napkins, dustbag, and (1) bottle of ATIAN Rose Gin. In addition, winner will receive a $150 gift card for a Rose Cloud PJ of choice from Eberjey and a $150 gift card for a rose beauty product from Mario Badescu.
Prize is non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of Sponsor. If the advertised prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute the advertised prize with another prize of equal or greater value. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the acceptance and use of the prize they receive, regardless of whether it, in whole or in part, is used.

‍10. LIMITATIONS OF LIABILITY AND RELEASE:

ATIAN and each of their affiliates, subsidiaries, and agencies (collectively the “Released Parties”) are not responsible for lost, late, misdirected, unintelligible, returned or undelivered Entries, email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Giveaway, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, as solely determined by the Sponsor, will be disqualified. Sponsor is not responsible for any incorrect or inaccurate information whether caused by users, tampering, hacking, or by any of the programming or equipment associated with or used in this Giveaway, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Instagram access. Any use of robotic, macro, automatic, programmed or like entry methods will void all such Entries, and may subject that entrant to disqualification. Sponsor is not responsible for injury or damage to entrants or any other person’s computer or property related to or resulting from participating in this Giveaway. Should any portion of Giveaway be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Giveaway, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Giveaway, and determine the winner from valid, non-suspect Entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. In the event of a dispute regarding Entries received from multiple users having the same Instagram account, the authorized subscriber of the Instagram account used to enter will be deemed to be the entrant, and must comply with these Official Rules. The authorized account subscriber is the natural person who is assigned the Instagram account by the organization responsible for assigning the Instagram account. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Entrants agree (a) that the Released Parties will have no liability whatsoever for, and are released and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, to persons, including death, or property, or rights of publicity or privacy, defamation, copyright infringement or portrayal in a false light resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Giveaway or in any Giveaway-related activity. In the event Sponsor is prevented from continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to a pandemic, including COVID-19, fire, flood, earthquake, explosion, labor dispute or strike, act of god or public enemy, or any federal, state or local governmental law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.‍

‍11. PUBLICITY AND COPYRIGHT LICENSE:

‍By acceptance of prize, except where legally prohibited, winner grants permission for Released Parties to use his/her name, and prize information, and/or Entry (and assign the Entry, which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) for advertising, trade and Giveaway purposes without further compensation, at any times or time, in all media now known or hereafter discovered worldwide and on the Internet without notice or review or approval, including a winner list, unless prohibited by law.‍

‍12. DISPUTE RESOLUTION:

‍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 Giveaway, or any claim or dispute that has arisen or may arise between you and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules. The place of arbitration shall be Miami, FL.‍

‍13. PRIVACY POLICY:

‍Please see the privacy policy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Giveaway. If you are verified as the prize winner, your first name, last initial, city and state of residence will be included in a publicly-available winner list.‍

‍14. SPONSOR(S):

Atian, 4698 NW 74th Ave, Miami, FL 33166-6447, USA
Eberjey, 3300 NW 41st St #1e, Miami, FL 33142, USA
Mario Badescu, 320 E 52nd St Ste 1D, New York, New York, 10022