Additional Terms & Conditions for Liquid Death’s eBay Listing - Biggest Ad Ever

All advertising purchased by the winning bidder (“Winner”) that will be featured on Liquid Death cases must be submitted in advance for approval by Liquid Death (“Liquid Death” or “LD”) to ensure compliance with applicable laws and regulations as well as the standards and policies of LD and our partners. All determinations shall be made in LD’s sole discretion. Liquid Death retains the right to decline any advertisement (“Ad”) purchased. Below are the advertising standards that the Winner and Ad must follow. It’s impossible for us to cover all scenarios and categories in these standards, so depending on Winner’s unique circumstances, additional guidelines may be applicable and if so, we will share those as soon as practicable. 

Within one week of being notified of winning this eBay listing, Winner is required to sign Liquid Death’s standard advertising purchase agreement (“Purchase Agreement”) and agree to the terms therein. If Winner declines to sign the Purchase Agreement by the deadline, the payment for the eBay listing shall be reversed and Winner’s agreement to purchase the Ad space shall be deemed terminated. This will be Winner’s sole remedy.

After signing the Purchase Agreement, the parties will work collaboratively to review, revise and finalize the Ad for print. Final artwork must be submitted and mutually agreed upon by the parties no later than March 29, 2024. Liquid Death shall have sole control of production, timing and distribution of all product cases featuring the Ad. In the event, the release of the cases featuring the Ad is delayed, Liquid Death shall arrange for the release at a later time, subject to its sole discretion.  Liquid Death makes no guarantees or warranties regarding the performance of the cases featuring the Ad or the Ad itself, including how many people will be exposed to such cases, how long such cases may be available on retailer shelves and which regions or retailers may receive and display such cases. Winner is aware and agrees that LD may, but is not required to, produce more than 500,000 product cases featuring the Ad.

If for any reason Liquid Death does not publish the Winner’s Ad or if Winner does not comply with LD’s standards and requirements prior to LD’s approval of the Ad, Winner shall be deemed to have terminated the Purchase Agreement governing Winner’s purchase of the Ad space from Liquid Death and its sole remedy shall be a refund of the final eBay purchase price of the Ad space. If Winner’s Ad is approved for printing on LD product cases, and for reasons caused by Winner, LD later deems the Ad to be unsuitable for public distribution, Winner shall be responsible for paying LD any costs associated with printing, disposal and replacement of such product cases. In addition, Winner shall forfeit the purchase price and any other fees paid to LD.  

Advertising Standards: 

Advertising should be honest and in good taste, claims should be substantiated and qualifying information about the attributes or use of a product should be disclosed whenever required to avoid misleading consumers.  LD reserves the right at any time to revoke its acceptance of and to require the elimination or revision of any advertising material that is inconsistent with LD standards and policies or to meet emergency circumstances or situations of unusual significance. The Ad cannot advertise  any liquor, gambling, drugs, tobacco products, firearms, stimulants or related products. It may also not promote beverages similar or competitive to LD (including waters, soda, energy drinks, ice tea, sparkling waters), political parties, religions or topics related to those categories. Here is a list of the main advertising standards: 

Advertisements will not:

1. Violate any rights of any person, firm or corporation; 

2. Contain any false, unsubstantiated or unwarranted claims for any product or service, or testimonials that cannot be authenticated;

3. Be false or misleading; 

4. Contain material constituting or relating to a lottery or a contest; 

5. Contain an appeal for funds; 

6. Contain any  material which is in whole or in part defamatory, violent, obscene, profane, vulgar, repulsive or offensive, either in theme or in treatment; 

7. Contain false or ambiguous statements or representations that may be misleading;

8. Contain any element of unauthorized intellectual property;

9. Contain any disparagement or libel of third-parties;

10. Contain any content that is or may be injurious or prejudicial to the interests of the public, Liquid Death or honest advertising and reputable business in general;

11. Be construed as an endorsement or approval by LD of the product or service being offered in the advertisement;

12. Contain or constitute a personal ad; or

Cause confusion related to the contents of the LD case.

Liquid Death Reservation of Rights: 

LD reserves the right to: 

1. Accept, reject or require elimination or revision of any material in advertising which violates (a) LD’s standards, policies or guidelines, (b) federal, state or local laws or regulations, and/or (c) is otherwise contrary to the public interest;
 

2. Reject any advertising in which the advertised product, program or service could negatively affect its retailers or consumers; and

3. Reject any advertising that appears in LD’s sole judgment to improperly associate the submitting advertiser with Liquid Death, its retailers or other partners

Submission of an Ad shall constitute Winner’s warranty to LD that all elements have been cleared with respect to intellectual property rights, including but not limited to trademark, copyright, and trade dress. In order to determine the acceptability of advertising material, LD has the right to investigate the advertiser and the accuracy of all statements and claims made in advertising copy, including requiring the advertiser to provide substantiation or documentation providing a reasonable basis for the claims. Winner shall be responsible for any claims or damages caused by its actions. 

Void where prohibited. In its sole discretion, Liquid Death reserves the right to cancel bids and/or suspend auction at any time and amend the terms to this listing, the offer or the program overall. Any questions, email biggestadever@liquiddeath.com.