Fresh Western Cyber Monday Surprise Giveaway – Official Rules

Set forth below are the rules for the Fresh Western Cyber Monday Surprise Giveaway (the “Sweepstakes”). This document sets forth the entry requirements, the judging criteria, ownership of entries and other important rules governing the Sweepstakes (collectively, these “Official Rules”).

NO PURCHASE, PAYMENT, OR OBLIGATION NECESSARY TO ENTER OR WIN. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES.

Sponsor: The Sponsor of the Sweepstakes (the “Sponsor”) is Fresh Western Holdings, LLC, 2600 E Southlake Blvd. STE 120-306 Southlake, TX 76092.

Sweepstakes Period: The Sweepstakes begins at 12am CST on December 1, 2025 and ends at 12am CST on December 2, 2025 (the “Promotion Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes, and the Sponsor is the official timekeeper for the Sweepstakes. Entrants of the Sweepstakes (“Entrants”) are responsible for determining the corresponding time zone in their respective jurisdiction.

Eligibility: The Sweepstakes is open to legal residents of, who are located within, the United States (excluding residents of Rhode Island) and who are eighteen (18) years or older at the time of entry. Employees of the Sponsor, and each of its subsidiaries, parents, partners, affiliates and other related entities, and any other individual or entity associated with the development or administration of the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as members of such employee’s immediate families (spouses, children, siblings, parents, in-laws) and persons living in the same household as such person, whether or not related, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable national, federal, state and local laws and regulations and is void where prohibited by law. Proof of eligibility must be provided upon request. By participating in the Sweepstakes, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters related to the Sweepstakes.

How To Enter: During the Promotion Period, an eligible entrant may enter the Sweepstakes as follows:

1. ANY PURCHASE DURING THE "Promotion Period" will be automatically entered to win.
2. FREE ALTERNATIVE METHOD OF ENTRY – to enter without making a purchase, please mail a handwritten card with your full name, address, phone number, and email address to: Fresh Western, ATTN: CM SURPRISE, 2600 E Southlake Blvd. STE 120-306 Southlake, TX 76092. Each mailed entry will count as (1) entry. Limit one mailed entry per person. Must be postmarked by the end of the Promotion Period and received within seven (7) days thereafter. 

Prize: A maximum of one (1) winner (the “Winner”) will be selected by the Sponsor or its designee, on or about fourteen (14) days after the Promotion Period ends. The Winner will win a prize package containing the following:

• One (1) Fresh Western Mesh Back Hat Autographed by Parker McCollum.

The approximate retail value of the prize given away during the Sweepstakes is $34.00 (USD)

The Winner may not substitute, assign or transfer a prize or redeem a prize for cash. The prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Sponsor will pay for shipment of the applicable prize to the Winner, but the Winner must provide a ship-to address of a location within the area of eligibility within seven (7) days of request from the Sponsor or the Winner shall forfeit his/her prize. The Winner is responsible for all applicable national, federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. The awarding of any prize is contingent upon full compliance with these Official Rules. The Sponsor reserves the right to substitute any prize for one of equal or greater value in its sole discretion.

Odds: The odds of winning depend upon the number of eligible entries received during the Promotion Period. The Sponsor cannot accurately predict the number of eligible entrants who will participate in the Sweepstakes during the Promotion Period.

Winner Notification: Attempts to notify the Winner will be made by contacting the Winner via Email and via Phone. The Winner must respond and provide his or her mailing address within five (5) days of receiving notification. The Sponsor is not responsible for Internet or other communication problems of any kind. If, despite reasonable efforts, the Winner does not respond within five (5) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to the Winner, such Winner will forfeit his or her prize and an alternate winner may be selected.

Winner Verification: The Winner may be required to complete and return a Release of Liability/Publicity or other documentation as requested by the Sponsor within seven (7) days of the date of notification or an alternate winner may be selected. If such requested documents are not returned within the specified time period, the prize or prize notification is returned as undeliverable, the Sponsor is unable to contact the Winner or the Winner is not in compliance with these Official Rules, the prize will be forfeited and, at the Sponsor’s discretion, an alternate Winner may be selected.

Publicity Release: Except where prohibited, acceptance of a prize constitutes the Winner’s consent for the Sponsor to use the Winner’s name provided in connection with the Sweepstakes and the Winner’s name, likeness, voice and/or biographical data for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further notice, compensation or consent.

Liability/Release: BY ENTERING THE SWEEPSTAKES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF THE SPONSOR WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE SWEEPSTAKES ENTITIES; AND (C) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR, INSTAGRAM, FACEBOOK AND TWITTER AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY'S FEES AND COSTS) THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES; (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY SWEEPSTAKES PROMOTIONAL MATERIALS; (III) ACCEPTANCE, REDEMPTION OR POSSESSION OF, DEFECTS IN, USE OF, MISUSE OF OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF); (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND THE SPONSOR’S CONTROL OR AS OTHERWISE PERMITTED HEREUNDER; (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE SWEEPSTAKES; (VI) HUMAN ERROR; (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF); (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITES OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE SPONSOR OR BY AN ENTRANT; (IX) INTERRUPTION OR INABILITY TO ACCESS THE SWEEPSTAKES, ANY SWEEPSTAKES-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS; (X) ANY DAMAGE TO ENTRANT'S (OR ANY THIRD PERSON'S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES; (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS; (XII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE SPONSOR, OR ANY OF THEIR AGENTS OR EMPLOYEES; OR (XIII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE SPONSOR OR ITS AFFILIATES. WINNER HEREBY ACKNOWLEDGES THAT THE SPONSOR HAS NEITHER MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, EXCEPT WHERE SUCH DISCLAIMER OF WARRANTY WOULD BE PROHIBITED BY APPLICABLE LAW.

The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with, or utilized in, the Sweepstakes, or by any technical or human error which may occur in the processing and/or transmissions in the Sweepstakes. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email due to technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person’s computer related to, or resulting from, participating in or downloading of materials in the Sweepstakes.

Rights of the Sponsor: The Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend the Sweepstakes, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of the Sweepstakes, as contemplated by these Official Rules. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes, and select winners from all entries received up to the time of termination. Any person attempting to defraud or in any way tamper with the mechanics or logistics of the Sweepstakes will be declared ineligible and may be prosecuted to the full extent of the law.

Privacy: By entering and providing the required entry information, Entrants acknowledge that the personal information collected from Entrants is subject to the Sponsor’s Privacy Policy, which can be found at www.freshwestern.com/policies/privacy-policy. Any communication or information transmitted to the Sponsor by e-mail or otherwise is and will be treated as non-confidential and non-proprietary.

Disputes/Choice of Law: EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN THE STATE OF TEXAS, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, MAY BE AWARDED (COLLECTIVELY, “SPECIAL DAMAGES”), AND (4) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. TEXAS LAW, WITHOUT REFERENCE TO CHOICE OF LAW RULES, GOVERNS THE SWEEPSTAKES AND ALL ASPECTS RELATED THERETO.

Winners List: To obtain any legally required winners list, send a self-addressed, stamped, standard-sized envelope to: Fresh Western Holdings, LLC. 2600 E Southlake Blvd. STE 120-306 Texas 76092. Requests must be received no later than thirty (30) days after the close of the Promotion Period.

Disclaimer: The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram, TikTok, or Facebook