OFFICIAL RULES 

Guayakí x Mingus Rugs Berry Lemonade Giveaway 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.  

TIKTOK® ACCOUNT REQUIRED TO PARTICIPATE (FREE). 

ELIGIBILITY: The Guayakí x Mingus Rugs Berry Lemonade Giveaway (“Sweepstakes”) begins on April 8, 2024, at 9:30 a.m. Pacific Standard Time (“PST”) and ends on April 12, 2024, at 11:59 p.m. PST (the “Sweepstakes Period”). The time shall be determined by Sponsor’s timekeeping systems, and Sponsor may also rely on the time processing functions of third parties.  

The Sweepstakes is open to (i) legal residents of the US (including DC); and (ii) who are at least 18 years old and the age of majority in their jurisdiction of residence as of the date of entry. Void where prohibited. Employees of Guayakí Sustainable Rainforest Products, Inc. (“Sponsor”), Mingus Rugs (“Collaborator”), and each of their parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (collectively, the “Sweepstakes Entities”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sweepstakes Entities are not eligible to participate in the Sweepstakes. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not allowed to compete in the Sweepstakes or participate in any entry. Professional actors and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Sweepstakes event. Sweepstakes is subject to all applicable federal, state, municipal, and local laws.  

TO ENTER: During the Sweepstakes Period, Sponsor and Mingus Rugs will make a Sweepstakes post to Sponsor’s TikTok page (www.tiktok.com/@guayaki) and Mingus Rugs’ TikTok page (www.tiktok.com/@mingusrugs), respectively. 

An entrant may follow the steps below during the Sweepstakes Period to receive one (1) entry into the drawing:  

1. Sign into your TikTok account. 
2. Follow @guayaki 
3. Like the Sweepstakes post on the Guayakí page. 
4. Leave a comment on the Sweepstakes Post and tag a friend who you would drink the new Berry Lemonade flavor with. 
5. Include #sweepstakes in your comment. 

1. Sign into your TikTok account. 
2. Follow @mingusrugs 
3. Like the Sweepstakes post on the Mingus Rugs’ page  
4. Leave a comment on the Sweepstakes Post and tag a friend who you would drink the new Berry Lemonade flavor with. 
5. Include #sweepstakes in your comment.
   

Entries submitted in compliance with the foregoing and all other terms in these Official Rules are hereafter “Entries” or, individually, an “Entry.”

Each Entry must be unique. Duplicate Entries will be disqualified. 

LIMIT: One (1) Entry per person.

PLEASE NOTE: A TikTok account is required to participate in this Sweepstakes. If you do not have such accounts, visit tiktok.com (as applicable), the Apple iTunes® Store, or Google Play® to download for free. Standard data rates apply.

By entering this Sweepstakes, each entrant agrees that the Sponsor may contact the entrant using the email address, phone number, social media handle, or other contact information provided with the Entry, to administer and fulfill this Sweepstakes. Entrants must adjust their social media platform account settings to allow for receipt of messages from Sponsor. For this purpose, entrants must set their profile account settings to “Public” and take any further necessary steps to ensure receipt of any communication from Sponsor. It is entrant’s sole responsibility to take any steps necessary to adjust their account settings to permit entrant to receive messages from Sponsor. Any entrant’s failure or inability to receive any message(s) from Sponsor for any reason shall be deemed a failure by such entrant to comply with these rules, such entrant shall be disqualified from the Sweepstakes. Similarly, Sponsor shall not be liable for any lost, misdirected, or otherwise unreceived or illegible messages from entrants.

Sponsor is not responsible for lost, late, misdirected or otherwise unreceived Entries or Entries not received regardless of cause. In the event of a dispute over who submitted an Entry, the Entry will be deemed to have been directly submitted by the authorized account holder of the relevant account used to enter the Sweepstakes. The authorized account holder is deemed to be the natural person who is assigned to the account by the relevant entity responsible for assigning those accounts. By entering and/or participating, entrants agree to be bound by these Official Rules and Sponsor’s website Terms and Conditions (guayaki.com/terms-conditions) and Privacy Policy (guayaki.com/terms-conditions/#privacy) as set forth in these Official Rules, and the applicable social media platform’s Terms of Use (tiktok.com/legal/terms-of-service) and Privacy Policy (tiktok.com/legal/privacy-policy). 

REQUIRED REPRESENTATIONS AND WARRANTIES: You must meet all of the following as applicable to your Entry. Failure to do so may result in your disqualification. 

By entering, you represent and warrant with regard to your Entry: 

1. It is your own original work or you must have all the rights necessary to post or re-post the content. Each Entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party. 
2. You have the express written consent of any identifiable persons appearing or referenced in your Entry or Entries to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s right to use your Entry or Entries for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any Entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.  
3. Except for the marks of the Sponsor (addressed below), the Entry does not reference any person other than entrant, or any names, products or services of any company or entity or any third-party trademarks, logos, copyrights, trade dress or promotion of any brand, product, or service. Sponsor grants you the limited permission to use its GUAYAKI mark in your Entry solely for purposes of entering. You shall immediately cease any and all use of the GUAYAKI mark upon expiration or termination of this Sweepstakes. 
4. Your Entry is appropriate for public viewing. Without limiting the foregoing, your Entry is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your Entry or Entries must also not disparage or cast a negative light on any person, entity, or brand, product, or service.  
5. Your Entry complies with all of Sponsor’s and the applicable social media platform’s requirements and terms regarding the use of their services. 

Sponsor reserves the right in its sole discretion to not consider any Entry for the Sweepstakes if it believes the Entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorney fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your Entry or Entries comply with the requirements set out above including those at (i)–(v) above. By entering, you hereby grant to Sponsor a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your Entry and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of commercial or trade purposes, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any Entry in favor of the Sponsor. 

By submitting your Entry you also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. 

WINNER SELECTION and ODDS: On or about April 19, 2024, Sponsor will select one (1) potential winner in a random drawing from among all eligible Entries received consisting of Entries from both the Guayakí and Mingus Rugs TikTok pages.

Odds of winning depend on number of eligible Entries received.  

PRIZES: Upon verification of eligibility and compliance with these Official Rules, one (1) winner will receive the following prize package:

• Five (5) cases of Berry Lemonade Guayakí (12 cans per case; 60 cans total) 
• One (1) Berry Lemonade Rug. 

Approximate retail value (“ARV”) of prize package: $3,200. 

Limit: one (1) prize per person and per household.

All prizes are awarded “AS IS.” Neither Sponsor nor Sweepstakes Entities make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Sweepstakes or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. A winner may waive the right to receive a prize. Prizes consist only of the items listed, are non-assignable, non-transferable, with no cash redemption or substitution except at Sponsor’s sole discretion. Sponsor will determine all prize details (brand, model, size, etc.) in its sole discretion. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state, and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes will be distributed within 60 days of the winner selection date. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.

NOTIFICATION: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Potential winner(s) will be notified by Sponsor or another designated representative via the applicable social media platform, on or about the winner selection date with instructions on how to claim his/her/their prize. All potential winners must respond to the notification message within 2 days of the announcement and provide all requested information within 2 days of the first contact or attempted contact from Sponsor. If potential winners do not respond to the notification within 2 days, Sponsor may conduct additional random drawings to select additional potential winners. Sponsor may require winner(s) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents. All required documents must be completed and returned to Sponsor within 7 days of the date and time listed on the documents. If a potential winner cannot be contacted, is disqualified, or fails to timely execute and return any required forms, an alternate winner may be selected from among the remaining eligible Entries.  

A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY. 

MARKETING: Submission of an Entry in the Sweepstakes constitutes permission, but not the obligation, for the Sponsor to use entrants’ Persona for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Sweepstakes (whether or not required), including, without limitation, mailing address, phone number, email address, etc. during entry constitutes permission for Sponsor and its affiliates to: (i) use entrant’s personal information for purposes of administration of the Sweepstakes; and (ii) add you to their respective customer database and to permit each to contact you in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in each such party’s Privacy Policy or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s e-mails). You understand that you are providing your information to Sponsor and its affiliates.

NO LIABILITY & INDEMNIFICATION: By entering this Sweepstakes, you agree to release, discharge and hold harmless Sponsor, Collaborator, ByteDance Ltd., and each of their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your Entry, your participation in this Sweepstakes or any Sweepstakes-related activities, and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by you in connection with the Sweepstakes; any non-compliance by you with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to your involvement with the Sweepstakes; acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes; any malfunction, error or other problem arising in connection with the collection, processing, or retention of Entry information; or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Sweepstakes.

If Sponsor’s use of your Entry or your participation in the Sweepstakes causes Sponsor to be subject to a claim by any third party (including, but not limited to, a claim of infringement), you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under, or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your Entry.

Limitations of Liability. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE(S), ANY WEBSITE(S), AND ANY SOCIAL MEDIA PLATFORM(S) ARE PROVIDED “AS IS” AND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) OR ANY WEBSITE(S), AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE SWEEPSTAKES; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. 

Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award the prize based upon random selection. 

OTHER TERMS: Decisions of Sponsor on all matters related to the Sweepstakes are final and binding. Sponsor reserves the right to cancel, suspend, or modify the Sweepstakes for any reason, including but not limited to, in the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering, public health crisis, governmental action, or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness, integrity or proper operation of the Sweepstakes as determined by Sponsor, in its sole discretion. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an Entry will not be deemed proof of receipt by Sponsor.

Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, if the individual fails to comply with any requirement of participation or with any provision in these Official Rules, if the individual’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in Sponsor’s sole discretion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

CONSTRUCTION and GOVERNING LAW: The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any disputes arising under this Sweepstakes and/or these Official Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of California. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Sweepstakes and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction. TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

NO AFFILIATION: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, TikTok, or any other social networking platform. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor.

WINNER ANNOUNCEMENT: To obtain a list of the winners, please send a self-addressed, stamped envelope to:

SPONSOR: Guayakí Sustainable Rainforest Products, Inc., 6782 Sebastopol Ave., Sebastopol, CA 95472.