NO PURCHASE NECESSARY TO ENTER. (BUT, IF YOUR ENTRY IS ACCEPTED, YOU WILL HAVE THE OPPORTUNITY TO PURCHASE THE CORRESPONDING ITEM.) VOID WHERE PROHIBITED BY LAW.
The Smirnoffstraordinary Drops Program (the “Program”) is open only to individuals who are legal residents of one of the 50 United States or the District of Columbia who, at the time of participation, are at least twenty-one (21) years old and who are the authorized holder of one of the following valid credit cards or debit cards: VISA, Mastercard or American Express (i.e., the accepted credit cards/debit cards)**. Void where prohibited by law. Owners, directors, management, staff, and employees of Sponsor (as defined below), or any of their respective parent, subsidiaries, affiliates, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Program, as well as alcohol beverage suppliers, importers, wholesalers, distributors or retailers and their immediate family (spouse, ex-spouse, de facto partner, parents and step parents, grandparents and step grandparents, siblings and step siblings, uncle, aunt, niece, nephew, brother, sister, step brother, step sister, first cousin and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each of the above are not eligible. The Program is subject to all applicable federal, state, and local laws and regulations. Participation (whether or not one is the first person to submit an entry after a Drop as discussed below) constitutes an individual's full and unconditional agreement to these Official Rules and COMPLEX NTWRK'S decisions, which are final and binding in all matters related to the Program. Participation in the Program is contingent upon an individual fulfilling all requirements set forth herein.
**Trademarks are used herein solely for reference purposes. The identified entities have not sponsored, endorsed or authorized Sponsor, the Program, any third party entity or person participating in the Program, or Diageo Americas, Inc.'s SMIRNOFF brand of Vodka.
Sponsor: Commerce Media Holdings, LLC dba COMPLEX NTWRK, located at 7060 Hollywood Blvd., 2nd Floor, Los Angeles CA 90028 and Diageo Americas, Inc., New York, NY.
The Program is comprised of twenty-one (21) separate Drops (each, a “Drop” and collectively, the “Drops”). Each Drop will take place sometime of Sponsor's sole choosing between mid-to-late January 2025 and June 30, 2025. As further explained below, the first person to submit an entry after a Drop will have the exclusive opportunity to purchase the corresponding item at the discounted price of $12.99 (price is based on the suggested retail price of a 750 ML bottle of SMIRNOFF Vodka).
Items offered for sale in Drops include but are not limited to sneakers, apparel, memorabilia and home goods. A given Drop will identify the specific item available for purchase in that Drop.
The computer of COMPLEX NTWRK is the official timekeeper for the Program.
During the applicable Drop Date: (a) go to Sponsor's website located at www.smirnoffdrops.com ("Drop Website”); (b) verify your age; and (c) enter your name, email address, and birthdate. BY SUBMITTING AN ENTRY, YOU ARE OBLIGATING YOURSELF TO PURCHASE THE CORRESPONDING ITEM FOR A PRICE OF $12.99 SHOULD YOU BE DETERMINED TO BE THE FIRST PERSON TO ENTER AFTER A DROP (AND YOUR ELIGIBIILTY IS THEREAFTER VERIFIED). DO NOT SUBMIT AN ENTRY UNLESS YOU ARE INTERESTED IN PURCHASING THE CORRESPONDING ITEM FOR $12.99.
Personal information will only be used by Diageo Americas, Inc. for purposes of Program administration unless an individual expressly consents beforehand in writing to such other use by Diageo Americas, Inc. For more information, please review Diageo's Privacy & Cookie Notice and Diageo's Conditions of Use. In the event of any discrepancy between the privacy and cookie notice and these Official Rules, the privacy and cookie notice shall control and govern; in the event of any discrepancy between the conditions of use and these Official Rules, the conditions of use shall control and govern. COMPLEX NTWRK'S Privacy Policy, which is available at https://www.complex.com/privacy, also applies to one's provision of personal information in the Program; as per COMPLEX NTWRK'S Privacy Policy, in participating in the Program, one expressly agrees to receive promotional communications from COMPLEX NTWRK.
BE CAREFUL IN DECIDING WHETHER YOU WISH TO PARTICIPATE IN A GIVEN DROP, AS A PERSON MAY ONLY PURCHASE A MAXIMUM OF ONE (1) ITEM IN THE ENTIRE PROGRAM: IF YOU PURCHASE AN ITEM IN A DROP, YOU WILL NOT BE ABLE TO PURCHASE ITEMS IN ANY FUTURE DROPS IN THE PROGRAM.
THE DROP WEBSITE WILL INDICATE WHETHER (OR NOT) YOU ARE THE FIRST PERSON TO SUBMIT AN ENTRY AFTER A DROP. IF YOU ARE THE FIRST PERSON TO SUBMIT AN ENTRY AFTER A DROP - AND YOU ARE ELIGIBLE AND OTHERWISE IN FULL COMPLIANCE WITH THESE OFFICIAL RULES, YOU MAY PURCHASE THE CORRESPONDING ITEM FOR $12.99. (FOR CLARITY, THE $12.99 PRICE INCLUDES TAX.)
After the first person submits an entry and his/her/their eligibility is verified after a Drop, the applicable Drop will officially end. Should the first person who submits an entry after a Drop (a) fail to fully comply with the on-screen instructions; or (b) if Sponsor determines that such person is not eligible under these Official Rules; or (c) if such person does not have a valid accepted credit card or debit card; or (d) if such person declines or is unable to purchase the corresponding item for any reason within the designated purchase period, the Drop may (or may not) be conducted again prior to June 30, 2025 with such decision being made by Diageo Americas, Inc. in its sole and absolute discretion. In order to remain eligible, the first person to submit an entry after a Drop must follow the on-screen instructions to verify his/her/their eligibility and complete the purchase with the designated purchase period. (Such opportunity is only valid for the applicable individual; any attempted transfer is void on its face and will not be honored or accepted by Sponsor.) The purchase must be completed using an accepted credit card or debit card (including provision of credit card/debit card number, month/year of expiration and CCV code). THE PURCHASER IS ADVISED TO PRINT OUT OR SAVE A COPY OF THE CONFIRMATION RECEIPT FOR HIS/HER/THEIR RECORDS.
Corresponding item will be shipped approximately two (2) weeks from the date of completion of purchase. Purchasers will not be charged for shipping. Shipping address must be in the 50 United States or the District of Columbia. Depending on the item purchased, Sponsor may require use of a street address as the shipping address. IF THE SHIPPING ADDRESS DIFFERS FROM BILLING ADDRESS, SHIPPING ADDRESS MUST BE PROVIDED AT TIME OF PURCHASE. NO CHANGES TO SHIPPING ADDRESS WILL BE ACCEPTED AFTER ISSUANCE OF CONFIRMATION RECEIPT.
Completion of purchase constitutes purchaser's consent to Sponsor's and its agents' use of purchaser's name, likeness, photograph, voice, opinions and/or hometown and state for promotional/trade/advertising purposes in any media (whether now known or invented in the future), worldwide, without further limitation, restriction, notice, review, approval, payment or consideration. But, nothing herein in any way obligates Sponsor to make such use.
Failure to fully comply with the on-screen instructions or if Sponsor determines that the first person who submits an entry after a Drop is not eligible under these Official Rules will result in forfeiture of the opportunity to purchase the corresponding item without liability to Sponsor under any legal theory. ACCORDINGLY, NOTWITHSTANDING ANY MESSAGING ON SCREEN THAT AN INDIVIDUAL IS THE FIRST PERSON TO SUBMIT AN ENTRY AFTER A DROP, THE OPPORTUNITY TO PURCHASE THE CORRESPONDING ITEM IS MADE CONTINGENT UPON AN INDIVIDUAL FULLY ABIDING BY ALL ON-SCREEN INSTRUCTIONS. A SCREEN SHOT OF THE MESSAGE INDICATING THAT AN INDIVIDUAL IS THE FIRST PERSON TO SUBMIT AN ENTRY AFTER A DROP WILL NOT BE ACCEPTED IN PLACE OF COMPLETION OF ALL ON-SCREEN INSTRUCTIONS.
Any dispute regarding the identity of the first person who submits an entry after a Drop will be resolved by Sponsor in its sole and absolute discretion.
Use of multiple email addresses or any automated system or programmed/robotic means (including any form of artificial intelligence [“AI”]) to participate is prohibited and will result in (x) rescission of the opportunity to purchase the corresponding item in the applicable Drop; or (y) voiding of the purchase of such item as appropriate, with the purchaser being refunded his/her/their payment of $12.99 and the purchaser waiving any right or claim to the item and returning the item if applicable. Any attempt by any person to deliberately undermine the legitimate operation of the Program or any Drop(s) (including but not limited to the preceding activities) may be a violation of criminal and civil law. Should such an attempt be made, in addition to the remedies set forth above (as applicable), Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
By participating, an individual agrees to: (a) comply with and be bound by these Official Rules and the decisions of COMPLEX NTWRK which are binding and final in all matters relating to the Program, including without limitation the identification of the first person to submit an entry after a given Drop as well as such person's eligibility ; (b) release and hold harmless COMPLEX NTWRK, Diageo Americas, Inc., Meta Platforms, Inc., and their respective parent, subsidiary and affiliated companies, the individuals/entities supplying items available for purchase in the Program and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Program, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to the Program, or the acceptance or use or misuse of any item purchased pursuant to the Program; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys' fees) arising out of or relating to the Program or the acceptance or use or misuse of any item purchased pursuant to the Program.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, however caused, or programming associated with or used in Drop(s) or the Program; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the implementation of Drop(s) or the Program; (d) technical or human error, which may occur in the administration of the Drop(s) or the Program; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an individual's participation in the Program (whether or not he/she/they is the first person to submit an entry after a Drop) or (if applicable) the purchase of an item via a Drop; or (f) participation in the Program (whether or not he/she/they is the first person to submit an entry after a Drop), on-screen instructions to the first person to submit an entry after a Drop or other Program-related materials that are lost, late, incomplete, illegible, unintelligible, corrupted, inaccessible, jumbled, garbled, damaged or otherwise not timely received/accessible by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or an entrant's failure to monitor its email account. No more than one (1) unit of each item is available for purchase in each Drop. Should a programming, production, printing or other error/malfunction/failure of any kind occur resulting in more than one (1) individual being informed that he/she/they submitted the first entry after a Drop, Sponsor will determine in its sole and absolute discretion the one (1) individual among those so informed who will receive the opportunity to purchase the corresponding item (assuming that the item has not already been purchased; and, if the item has already been purchased, Sponsor shall have no liability or obligation to the individuals other than the purchaser under any legal theory.)
If, for any reason, the Program cannot be executed as planned, including, but not limited to, any governmental order, epidemic, pandemic, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupts or affects the security, administration, fairness, integrity or proper conduct of one or more Drops, or if one or more Drops are compromised or become technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the affected Drop(s); and, in such case, the affected Drop(s) may (or may not) be conducted again prior to June 30, 2025 with such decision being made by Diageo Americas, Inc. in its sole and absolute discretion.
If individual uses a mobile device to participate in the Program, wireless Internet access and/or other fees may apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to participate. Wireless Internet access is not available in all areas.
The promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
These Official Rules and any disputes between consumer, on the one hand, and Sponsor, on the other, shall be governed by the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
In the event any provision of these Official Rules is determined to be void or unenforceable by a court of competent jurisdiction, such determination shall not affect the remainder of these Official Rules, which shall continue to be in force.
Questions? Please email legal@complex.com