[NUE ADVENTURE™ CHALLENGE CONTEST]

OFFICIAL RULES AND ELIGIBILITY

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. WE MAY REJECT YOUR PARTICIPATION IN THIS CONTEST, IN OUR SOLE DISCRETION, IF YOU FAIL TO MEET ANY OF THESE ELIGIBILITY REQUIREMENTS.

By participating in the nue Adventures Challenge (the “Contest”), entrants agree to be bound by these Official Rules and the decisions of Southwest Spirits, owner of nue Vodka (“Sponsor”). The Contest is subject to all applicable federal, state and local laws.

By entering the Contest, you agree that any information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with Sponsor’s Privacy Policy found at www.nuevodka.com/nue-adventures/ and may be shared with Sponsor’s affiliated business entities.

This Contest is in no way sponsored, endorsed or administered by Instagram, or Facebook. Instagram and Facebook are completely released of all liability by each Participant in this Contest.

ELIGIBILITY:

The Contest is open only to individuals who (i) are at least twenty-one (21) years old at the time of entry; (ii) are residents of the 50 United States and the District of Columbia; and (iii) have completed each of the entry procedures in the HOW TO ENTER section set forth below. Individuals who meet the criteria in the preceding sentence are each considered an “Entrant.”

Entrants may not be an employee, shareholder, officer, director, agent or representative of Sponsor, nor can an Entrant be the Immediate Family Members and/or Household Member of such persons. For purposes of the Contest, “Household Members” shall mean those people who share the same residence at least three (3) months a year; “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.

Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.

CONTEST PERIOD:

The Contest begins at 9 am est on June 15, 2023 and ends at5 pm est on September 15, 2023 (the “Contest Period”).

PRIZE:

The available prize(s) (“Prize(s)”) is as follows:

• nue t-shirts
• nue credit card holders
• nue tumblers
• etc.

In no event shall the Sponsor be obligated to award any prizes other than the Prize(s) specified in these Official Rules. The Prize(s) is/are non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prize, and any related shipping and handling charges.

HOW TO ENTER:

No purchase or payment is necessary to participate in the Contest. During the Contest Period, you may enter our Contest by submitting a completed challenge (each a “Submission”) to win schwag, the terms of which can be found on our website located at www.nuevodka.com/nue-adventures/ (the “Supplemental Terms”). Any Submission including taking and submitting a photo must be an original, unpublished photo or video (collectively “Photo”).

Each Submission that is entered into the Contest must meet the following submission requirements (any Submission that, in Sponsor’s sole and absolute direction, violates the following criteria will be disqualified):

• The Photo(s) cannot include images of other people without permission from said person.
• The Photo(s) cannot contain material which is (or promoting activities which are) or may be construed as obscene, violent, discriminatory, illegal, offensive, threatening, profane, or harassing, or which portrays an unsafe situation.

Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are duplicates, generated by an automated means or scripts.

RELEASE TO USE SUBMISSIONS:

By submitting a Photo to Sponsor, you grant Sponsor a perpetual, royalty-free license to use, reproduce, modify, publish, distribute, and otherwise exercise all copyright and publicity rights with respect to the Photo at its sole discretion, including storing the Photo on Sponsor’s servers and incorporating the Photo in other works in any media now known or later developed including, without limitation, Sponsor’s social media pages. If you do not wish to grant Sponsor these rights, DO NOT submit a Photo. Sponsor reserves the right to select, edit and arrange the Photo, and to remove the Photo from the Sponsor website or social media pages at any time at its sole discretion. Entrants warrant they own all rights to the Photo. Entrants will indemnify and hold Sponsor and its affiliates harmless from and against any and all loss, damage, costs and other expense arising out of claims, whatever their nature, including but not limited to libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, resulting directly or indirectly from breach of this warranty. It is the discretion of Sponsor to decide whether and how to use the Photo.

Nothing herein shall be construed to obligate Sponsor to produce, distribute or use any of the rights granted herein. Entrant acknowledges and agrees that Entrant has received adequate consideration for the rights and releases granted in this agreement.

WINNER SELECTION:

The prize winner will be selected by judges appointed by the Sponsor. Judges will select the winners based on the content of the photograph, originality, and appeal. Judges’ decisions are final and binding with respect to all matters relating to this contest.

To receive a complete list of winners or a copy of the Official Rules, within six (6) months after the end of the Contest Period, send an email to krhodes@sw-spirits.com with subject line: “nue Adventures ChallengePrize Winner List.”

ODDS:

The chances of winning depend on the number of entries received and on the opinions of the judging panel.

WINNER NOTIFICATION AND CLAIMING THE PRIZE:

The potential winner(s) will be notified at any point throughout the duration of the contest.

The potential winner must claim their respective Prize by responding within twenty-four (24) hours to the message they receive from Sponsor notifying them of such Prize, and will be required to (i) execute and return an affidavit of eligibility and liability and publicity release for themselves within the same twenty-four (24) hour period. If a potential winner: (i) does not return the required documents within the specified twenty-four (24) hour limit, (ii) is unreachable or (iii) is not in compliance with these Official Rules, such potential winner will have forfeited the Prize and, at Sponsor’s discretion, select a new Prize winner, subject to these Official Rules. If an entrant is found to be ineligible, Sponsor shall select a new Prize winner, subject to these Official Rules.

GENERAL CONDITIONS AND RELEASES:

By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. Winner may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.

Sponsor and each of its respective parents, affiliates, and subsidiaries, and each of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, or garbled entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Prize(s) or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to Entrant’s or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Sponsor’s website.

By entering the Contest, you agree to and hereby do release and hold harmless Sponsor and its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect.

Persons who tamper with or abuse any aspect of the Contest or Sponsor’s website, who are in violation of these Official Rules or who act in a disruptive manner, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner for the Prize at issue from all eligible, non-suspect entries received for such Prize during the period prior to action taken or as otherwise deemed fair and appropriate by Sponsor.

THE PRIZE IS AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZE.

INDEMNITY:

The Entrant 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 Contest; or (b) a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein.

GOVERNING LAW:

This Contest is governed by the laws of the United States and the State of Texas, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Texas.

DISPUTES:

As a condition of participating in this Contest, Participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, only in Dallas County, Texas, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.