PROOF "Top Down. Spoons Up." Sweepstakes Rules

PROOF® ALCOHOL ICE CREAM TOP DOWN. SPOONS UP. YOUR KIND OF SUMMER SWEEPSTAKES Official Rules NO PURCHASE NECESSARY Purchase does not increase the chance of winning. 1. SPONSOR: The PROOF® Alcohol Ice Cream Top Down. Spoons Up. Your Kind of Summer Sweepstakes (“Sweepstakes”) is sponsored by PROOF Alcohol Ice Cream and Visit Myrtle Beach (“Sponsor”). Any questions, comments or complaints are to be directed to Sponsors via Entry information is owned by Sponsors. You understand you are providing your entry information to the Sponsors. The entry information provided will only be used in the event that the entrant is selected as a potential winner or if the entrant has indicated he/she would like to receive additional information from Sponsors. Any entrant who has indicated that he/she would like to receive additional information from the Sponsors or the participating partners will be contacted by the Sponsors and/or partners directly via email; otherwise, Sponsors will not provide any entry information to any third party. 2. ELIGIBILITY: NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE TO WIN. The Sweepstakes is open only to legal residents in the following states of the United States of America: South Carolina, North Carolina, Florida, Illinois, Wisconsin, Missouri, and California, who are at least 21 years of age at the time of entry. Void where prohibited or restricted by law, regulation, rule or otherwise. Subject to all applicable federal and state laws and regulations. Employees of the Sponsors or affiliated companies, as well as the immediate family (spouse, parents, siblings, and children and their respective spouses) and household members (those living in the same home, whether or not related) of those employees or of any of their respective distributors, vendors, service agencies and companies involved in the design, implementation and execution of the Sweepstakes (the “Promotion Entities”), are not eligible to enter. By entering the Sweepstakes, the entrant indicates full and unconditional agreement to, and acceptance of, these Official Rules and Sponsors’ decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. 3. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:01 p.m. Eastern Standard Time (EST) on Monday, May 29, 2023, and ends at 11:59 p.m. EST on Monday, September 4, 2023 (“Promotion Period”). 4. HOW TO ENTER: Visit the Sweepstakes entry page at and submit the required survey information where you will enter your first and last name, email address, zip code, and agreement to these Official Rules, which will be accessible from the entry page. One (1) grand prize winner and fifteen (15) additional prize winners will be randomly selected (as set forth in Section 6) from all eligible entries. Limit of one entry per person. Multiple entries will not increase the chances of winning and may result in disqualification. All entries become the property of the Sponsors and will not be acknowledged or returned. False or deceptive entries or acts, as determined by the Sponsors in their sole discretion, will render the entrant ineligible. Participants represent and warrant that they have not purchased any kind of device or Internet service in order to submit an entry or participate in and/or enter the sweepstakes. 5. PRIZES: Sponsors will award one (1) Grand Prize and fifteen (15) First Place prizes each consisting of: o Grand Prize: One (1) ultimate Beach vacation getaway to Myrtle Beach, SC, for a winner and a guest.  5 Days, 4 nights single room, double occupancy, oceanfront accommodations for 2 adults  Guest choice of Golf or Spa Package for 2 adults  One evening theater show.  $200 Dining Credit  $300 Travel Credit  PROOF product - Note: Trip can be taken within a year from the date of prize acceptance. - Trip Blackout dates – Memorial Day weekend, Fourth of July week, Labor Day • First Place Prizes: Fifteen (15) First place prize winners will receive: Two pints of PROOF Alcohol Ice Cream and summer swag such as a T-shirt, hat, beach towel, beach ball and more. All prizes are non-refundable and cannot be exchanged for cash. A prize winner cannot assign or transfer his or her prize to another person. NOTE: Approximate Retail Value (“ARV”) of the Grand Prize is $2,600, First place prizes are valued at $155 each x 15 = $2,325. The total ARV of all prizes is $4,925. 6. HOW TO WIN: There will be two drawing periods: The First Place Prizes will be drawn on July 16th at 12 Noon EST to celebrate National Ice Cream Day from all eligible entries to date. The fifteen (15) First Place winners will all be randomly selected at this time and date. The Grand Prize winner will be randomly selected on or around September 5, 2023, or within a reasonable time thereafter. Sponsors will randomly choose One (1) potential Grand Prize winner potential from all valid entries. Selection of winners will be from all approved forms of entry including via the official QR code on the retail POS or from going to from any official social and digital partner channels promoting the sweepstakes with a link to the sweepstakes. The decisions of the Sponsors will be final and binding and cannot be appealed. First-place winners will be notified by email shortly after their drawing on or about July 16-17, 2023. The Grand Prize winner will be notified by email shortly after the drawing on or about September 5-7, 2023. All winners must meet all eligibility requirements. 7. CLAIMING PRIZES/RELEASES: Eligibility and all claims made by a potential winner are subject to verification. Sponsors will randomly select potential winners per the “How to Win” process outlined in item 6 of these rules and contact them via email and/or phone using the information provided during the entry process. If, despite reasonable efforts, a potential winner does not respond within two (2) business days of the first notification attempt, or if the prize or prize notification is returned unclaimed or is undeliverable to such potential winner, such potential winner will forfeit his or her prize, and an alternate winner may be selected in Sponsors’ sole discretion from among the remaining eligible entries. If the prize notification is returned as undeliverable or if the potential winner fails to respond to notification attempts, the potential winner may be disqualified, and an alternate winner may be selected at Sponsors’ sole discretion from among the remaining eligible entries. In the event the winner declines the prize, Sponsors may elect, in their sole discretion, to select an alternate winner from among the remaining eligible entries. If a dispute arises regarding who submitted an entry, or if the winning email address does not belong to an individual, but rather to an eligible group, business or organization, the entry will be deemed submitted by the legitimate holder of the email account listed on the entry as determined by Sponsors. Subject to verification of eligibility, prizes awarded to potential winners selected from entries will be mailed to winners’ addresses with the zip codes provided on their entry form. Note: All prize levels include PROOF Alcohol Ice Cream. Therefore, the winner must schedule with Sponsor to ensure someone can receive the product from the delivery personnel at the time of delivery. Sponsor will not be responsible for any product malfunction due to the winner not being able to receive the product in a timely manner. Except where prohibited, by accepting a prize, the prize winner consents to Sponsors’ use of the prize winner’s name, photograph and likeness, without additional compensation, for advertising, trade and promotional purposes in all media, whether now known or hereafter devised, in perpetuity, and may be required to sign, have notarized, and submit an affidavit or eligibility and release form, except where prohibited by law. Sponsors shall not be responsible or liable for failure to contact potential winners due to an undeliverable email message, incorrect phone number, full or non-operational voicemail, or an inactive or suspended email account or failure by the potential winner to provide a current email address. Participants should be sure to check their email messages regularly and keep their accounts updated with their correct contact information so that they will be able to be contacted if selected as a potential winner. A potential winner, who fails to notify Sponsors via email at or reply to the initial email identifying them as a potential winner, with any issue within two (2) business days after attempted prize notification, forfeits any right to do so. Sponsors are not responsible for fraudulent communications sent to entrants, not by Sponsors. 8. ODDS: Odds of winning any prizes will depend on the total number of eligible entries received. 9. GENERAL RULES AND REGULATIONS: By entering the Sweepstakes, participants agree to waive any rights to claim ambiguity in the Official Rules and Regulations. Decisions made by Sponsors in relation to this Sweepstakes are final and binding in all matters, including, without limitation, interpretation of these Official Rules and the awarding of the Sweepstakes prize, and cannot be appealed. Sponsors reserve the right to cancel, terminate, modify or suspend the Sweepstakes in the event that the Sweepstakes is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, acts of God, pandemic, timing or any other causes beyond the control of a promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of the sweepstakes. Sponsors do not make any warranty, representation or guarantee, express or implied, in fact, or in law, relative to the use of any prize, including, without limitation, quality, merchantability or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing or acts of any government or authority. Sponsors may modify, rescind, cancel, or revoke the Sweepstakes at any time at their sole discretion without notice or liability. Entrants who attempt to tamper with this sweepstakes in any way shall be disqualified. All federal, state, and local laws and regulations apply. Winners may be responsible for any taxes due as a result of winning the prize. Additional restrictions may apply. Any attempt to deliberately damage the Sweepstakes or operation of the Sweepstakes is unlawful and subject to legal action by Sponsors who may seek damages to the fullest extent permitted by law. 10. CONDITIONS RELATING TO PARTICIPATION IN THE SWEEPSTAKES AND USE OF THE ENTRY SITE: Sponsors reserve the right, at their sole discretion, to disqualify any individual they find, in their sole determination, to be tampering with the entry process or the operation of the Sweepstakes, or the entry site; to be in violation of the terms of use of the entry site or to be acting in violation of these rules, or with intent to annoy, abuse, threaten or harass any other person. Without limitation of the foregoing, any use of software or hardware, including without limitation, a program, mechanism, system, robot, “bot” macro or another artificial device, process or manipulation, is strictly prohibited. Sponsors may suspend or discontinue the Sweepstakes if, in their sole opinion, there is any actual or suspected tampering of the Sweepstakes or any other malfunction, event or activity that may affect the integrity of the Sweepstakes. Sponsors reserve the right, in their sole discretion, to terminate any person’s participation in the Sweepstakes who Sponsors suspect has engaged in any manipulation. 11. RIGHT OF PUBLICITY: By entering the Sweepstakes, entrants (and prize winners) consent to the use of their respective names, cities, states, likenesses, voices, biographical information, and images for purposes of advertising, marketing and promoting Sponsors and Sponsors’ brands and products without compensation or further consent, except where prohibited by law. Winners may be required to sign an affidavit of eligibility and release form prior to prize fulfilment. 12. ENTRANT’S PERSONAL INFORMATION: Information collected from entrants is subject to Sponsors’ respective privacy policies that can be found at the end of these rules and regulations. By entering the sweepstakes, you agree to the use of your personal information as described in Sponsor/Administrator’s privacy policy and Section 11 above. 13. CANCELLATION: Sponsors reserve the right, in their sole discretion, to suspend, cancel or modify the Sweepstakes at any time and for any reason. Some reasons could include but are not limited to, a computer virus, bug, malfunction, manipulation or other technical problem or any misuse of the Sweepstakes process, regardless of the cause, affects, compromises, or corrupts the administration, security, or proper play of the Sweepstakes. Notice of cancellation will be posted at the entry site. SPONSORS SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF AN IRREGULAR ENTRY OR IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS SWEEPSTAKES. No more than the stated number of prizes in these Official Rules will be awarded. In addition to the foregoing, if for any reason (including, but not limited to, strikes, lockouts, pandemics, acts of God, technical difficulties, and other events not within the reasonable control of Sponsors). If Sponsors cannot continue the Sweepstakes, Sponsors may, in their sole discretion, cancel the Sweepstakes or extend the Promotion Period. 14. RELEASE OF LIABILITY, LIMITATION OF LIABILITY: By participating in the Sweepstakes, the entrant agrees to release and hold harmless Sponsors, the Promotion Entities, including but not limited to their subsidiaries, affiliates, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to (a) unauthorized human intervention in the sweepstakes; (b) technical errors; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail or email; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes and, in no event, will the Released Parties be liable for attorney’s fees. 15. COVID-19 ASSUMPTION OF RISK, RELEASE, WAIVER, AND INDEMNIFICATION AGREEMENT: In order to redeem any prize, winners and any travel companions must, on behalf of themselves, their minor children, and any personal representatives, heirs, and next of kin, sign a COVID-19 Assumption of Risk, Release, Waiver, and Indemnification Agreement, confirming their full awareness of the current global COVID-19 virus outbreak as well as other current variants of COVID-19 and the inherent risks involved when choosing to travel. It is the winner’s and any companions’ personal decision to travel, and they must certify that they are doing so with full knowledge of travel recommendations, restrictions, regulations, and risks with regard to COVID-19, as well as the possibility of future travel restrictions, and taking full responsibility for their actions with regard to travel. The agreement will also release, indemnify, hold harmless and covenant not to sue Sponsors, their officers, employees, volunteers, agents, representatives, and any other person involved either directly or indirectly in the Sweepstakes from all claims, suits, expenses, attorney fees and demands of any nature (including negligence) caused by, deriving from, or associated with the travel prize. 16. DISPUTES: Each Entrant agrees that any and all disputes, claims and causes of action arising out of or in connection with the sweepstakes, or any prize awarded or the determination of prize winner, which cannot be resolved between the parties, will be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will the entrant be permitted to obtain awards for, and the entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, including attorneys’ fees, other than the entrant’s actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes), and entrant further waives 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 entrants, prize winner, Sponsors and the Promotion Entities in connection with the Sweepstakes will be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of South Carolina or any other jurisdiction), that would cause application of the laws of any jurisdiction other than the State of South Carolina. All Entrants consent to the sole and exclusive jurisdiction and venue of the courts located within Columbia, SC. 17. WINNER’S LIST: To obtain a copy of these Official Rules or a winners list via mail, please mail your request, together with a self-addressed, stamped envelope, to: Top Down. Spoons Up. Your Kind of Summer Sweepstakes c/o K. Hope Creative, Attn: Sweepstakes Administrator: K. Hope Creative, 519 Woodland Drive, Hartsville, SC 29550. Requests received after November 1, 2023, will not be honored. PRIVACY POLICY Effective date: May 1, 2023 This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions. Definitions Service Service means the websites used for the sweepstakes. Personal Data Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). Usage Data Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). Cookies Cookies are small pieces of data stored on your device (computer or mobile device). Data Controller Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data. Data Processors (or Service Providers) Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively. Data Subject (or User) Data Subject is any living individual who is using our Service and is the subject of Personal Data. Information Collection and Use We collect several different types of information for various purposes to provide and improve our Service to you. Types of Data Collected Personal Data While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to: • Email address • First name and last name • Address • Date of Birth • Age • Phone number • Cookies and Usage Data Usage Data We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. Tracking Cookies Data We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use: • Session Cookies. We use Session Cookies to operate our Service. • Preference Cookies. We use Preference Cookies to remember your preferences and various settings. • Security Cookies. We use Security Cookies for security purposes. Use of Data The collected data can be used for various purposes: • To provide and maintain our Service • To notify you about changes to our Service • To allow you to participate in interactive features of our Service when you choose to do so • To provide customer support • To gather analysis or valuable information so that we can improve our Service • To monitor the usage of our Service • To detect, prevent and address technical issues Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR) If you are from the European Economic Area (EEA), K. Hope Creative, LLC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. K. Hope Creative, LLC may process your Personal Data because: • We need to perform a contract with you • You have given us permission to do so • The processing is in our legitimate interests, and it's not overridden by your rights • To comply with the law Retention of Data K. Hope Creative, LLC. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. K. Hope Creative, LLC. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods. Transfer of Data Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer. K. Hope Creative, LLC will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. Disclosure of Data Disclosure for Law Enforcement Under certain circumstances, K. Hope Creative, LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Legal Requirements K. Hope Creative, LLC. may disclose your Personal Data in the good faith belief that such action is necessary to: • To comply with a legal obligation • To protect and defend the rights or property of K. Hope Creative, LLC • To prevent or investigate possible wrongdoing in connection with the Service • To protect the personal safety of users of the Service or the public • To protect against legal liability Security of Data The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. "Do Not Track" Signals We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. Your Data Protection Rights Under General Data Protection Regulation (GDPR) If you are a resident of the European Economic Area (EEA), you have certain data protection rights. K. Hope Creative, LLC. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights: The right to access, update or delete the information we have on you. You can access, update or request the deletion of your Personal Data directly within your account settings section. If you cannot perform these actions yourself, please contact us to assist you. The right of rectification. You have the right to have your information rectified if that information needs to be more accurate or complete. The right to object. You have the right to object to our processing of your Personal Data. The right of restriction. You have the right to request that we restrict the processing of your personal information. The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format. The right to withdraw consent. You also have the right to withdraw your consent when K. Hope Creative relies on your consent to process your personal information. Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please get in touch with your local data protection authority in the European Economic Area (EEA). Service Providers We may employ third-party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services, or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Analytics We may use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services, and Google may use the collected data to contextualize and personalize the ads of its advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: Links to Other Sites Our Service may contain links to other sites not operated by us. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review every site's privacy policy. We have no control over and assume no responsibility for any third-party sites or services' content, privacy policies or practices. Children's Privacy Our Service does not address anyone under 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under 18. If you are a parent or guardian and know that your Children have provided us with Personal Data, please get in touch with us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers. Changes to This Privacy Policy We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will inform you via email and a prominent notice on our Service before the change becomes effective and update the "effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when posted on this page. Contact Us If you have any questions about this Privacy Policy, please get in touch with us: • By email: