Important: Please read these Official Rules before entering this Contest. By participating in this Contest, you agree to be bound by these Official Rules.
1. SPONSOR: The “Sponsor” is Stout Brewing Company, LLC (“Stout”), 518 N. Sims St, Kings Mountain, NC 28086.
2. ELIGIBILITY: Eligibility restrictions apply. The Drink Like A Boss Spring Break Contest (the “Contest”) is open only to members of the BOSS Facebook page who are legal residents located in one (1) of the fifty (50) United States or the District of Columbia, excluding residents of AK, HI, AL, IN, and MN, and in all other territories where restricted or prohibited by law, and who are at least twenty-one (21) years of age or older. Employees of Sponsor, and its parent, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Contest or win. Void where prohibited by law.
3. ENTRY PERIOD: The Contest runs weekly from Saturday to Thursday (the “Entry Week”) beginning at 9:00 a.m. EST on Saturday, March 25, 2017, and ends at 11:59 p.m. EST on Thursday, May 4, 2017 (the “Entry Period”). Sponsor reserves the right to terminate the Contest any time after the then current Entry Period.
4. HOW TO ENTER: To enter the Contest, you must log into your social media account at www.facebook.com and be a member of the Drink Like A Boss social media page by liking and following the Drink Like A Boss account. Access the Drink Like A Boss social media post referencing the Contest (“Promotion Post”). Follow the instructions available on the Promotion Post. To receive one (1) entry into the Contest (“Entry”), make a comment on the Promotion Post that incorporates the hashtag #DrinkLikeABoss telling us why YOU have what it takes to be a BOSS.
No Entries will be accepted that do not follow Promotion Post instructions. All Entries must be received within the Entry Period. An entry is “received” when the servers record the entry. Entries must comply with these Official Rules or be disqualified from the Contest at Sponsor’s sole and absolute discretion. It is your responsibility to provide accurate contact information to Sponsor. Entries will be deemed made by the authorized account holder associated with the social media member account that submitted the Entry. If a dispute arises, the potential winner may be required to provide proof of holding the social media member account. Anyone found to use multiple social media member accounts to enter will be deemed ineligible. Limit of one (1) Entry per person per day during each Entry Week of Saturday through Thursday of the Entry Period (six (6) Entries total per Entry Week). If you comment on the Promotion Post more than once in a single day, only the first (1st) comment will count as an Entry. Comments on the Promotion Post that are received on Fridays or outside of the Entry Period may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Sponsor may run multiple campaigns, sweepstakes, contests or other promotions simultaneously. Entry into one (1) promotion does not constitute entry into any other.
The Contest is in no way sponsored, endorsed, or administered by, or associated with Facebook.
5. WINNER SELECTION, NOTIFICATION AND PRIZE CLAIMING: After each Entry Week during the Entry Period, on or about the Friday immediately following each Entry Week, a qualified panel of judges, selected by Sponsor, in its sole discretion, will judge all eligible Entries received in accordance with these Official Rules and select (1) potential “Winner”. Entries will be judged based on the following criteria: creativity, originality, and overall impact. Sponsor has complete discretion over interpretation of the Official Rules and administration of the Contest. The decisions of the judges are final and binding on all matters relating to this Contest. Potential Winners will be notified by private message on social media by 5:00pm EST on the Friday immediately following each Entry Week (the “Prize Notification”). The Prize Notification is deemed to have occurred immediately upon sending of a notification message via e-mail. If a potential Winner fails to respond within one (1) day of notification, Sponsor may select another potential Winner.
Each potential Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement, which may include proof of identification, (the “Prize Acceptance Release”), and return same within the time period specified at notification before being eligible to receive his or her prize. A potential Winner who provides a P.O. Box may be required to provide an alternative address. Sponsor may disqualify a potential Winner if Sponsor determines that the potential Winner is ineligible under the Official Rules. In such case, the potential Winner will not receive the Prize and Sponsor will have no further obligation to the potential Winner.
6. ODDS: Odds of winning will depend upon the total number of eligible Entries received per Entry Week. There is one Prize available for each Prize Notification. The Prize winner will be chosen at the conclusion of the Contest from all eligible entries pursuant to the terms set forth in Section 5 above. Sponsor’s decisions as to the administration and operation of the Contest and the selection of a potential winner are final and binding in all matters related to the Contest.
7. PRIZES AND VALUES: Sponsor will award one (1) Winner one per Entry Period (1) Drink Like a Boss Spring Break Swag Box (“Prize”) with an approximate retail value (“ARV”) of $50.00. Prize includes but is not limited to: 23.5oz can koozies, plastic sunglasses, bead necklaces, Drink Like A BOSS t-shirt, $25.00 eGift Card for cab fare (via an online transportation network company), and other novelty items.
8. Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor's sole discretion. Prize details not specified in these Official Rules will be determined solely by Sponsor and are subject to change. If Prize is unavailable, Sponsor, in its sole discretion, may pay Winner the ARV of the Prize, or award an alternate prize of comparable or greater value. Prize is awarded “AS IS”. PARTICIPANT ACKNOWLEDGES THAT THE SPONSOR HAS NOT MADE, NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES. SPONSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW OR HEREAFTER ENACTED CONCERNING ANY PRIZE, INCLUDING IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AS MAY BE SEPARATELY PROVIDED TO PARTICIPANT BY LAW. Winner is solely responsible for all taxes, and for any other fees associated with the prize(s). ARV of prize is based on available information and may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security or tax identification number before the Prize will be awarded. An IRS Form 1099 may be issued in the name of Winner for the actual value of the prize received. Unclaimed prizes will be forfeited.
10. PUBLICITY RELEASE: Except where prohibited by law, by participating, you grant Sponsor permission to use your name, username, social networking ID, photograph, voice, any other likeness, or comments for publicity purposes, worldwide and in perpetuity in any and all forms of media, now known or hereafter devised, including without limitation online and in social media, without approval or payment to you. By participating in the Contest, you grant Sponsor and their advertising and promotion agencies the right to use and publish your name and place of residence online and in print, or any other media, worldwide and in perpetuity, except as prohibited by law, in connection with this Contest.
11. INTELLECTUAL PROPERTY: The Official Rules, the Promotion Website, and related content and code are the property of the Sponsor or authorized third parties. You may not copy those materials, including associated trademarks or any other intellectual property without the express written consent of Sponsor.
12. RELEASE: By participating in the Contest, you agree to release Sponsor, its parent, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers, advertising and promotion agencies, including but not limited to Facebook and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from any claims, liability, costs, losses, damages or injuries of any kind related to your participation in the Contest. You agree that the Released Parties: (A) have neither made nor will be responsible for any warranty, express or implied, in connection with the Contest (including Prizes); (B) and will not be liable for any injury that may be caused by the wrongful act of any other entity, including Promotion Website users, and by any cause whatsoever beyond the control of the Released Parties. You further agree that all rights and benefits under California Civil Code Section 1542 (“Section 1542”) and any similar law of North Carolina or any other state that may be applicable are hereby expressly waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
13. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY: You represent/warrant that you have the capacity to agree to these Official Rules, have read and will follow them. You agree to indemnify and hold the Released Parties harmless from any third party claims arising out of or related to your participation in the Contest.
14. SUSPENSION / MODIFICATION / TERMINATION: If Sponsor is prevented from continuing with the Contest by any event or cause beyond its control, e.g., events of nature, interference by humans or entities unrelated to Sponsor, acts of government (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. If the Contest is terminated, the Sponsor may select the potential Winner from all eligible Entries received prior to termination.
15. TAMPERING: Sponsor will disqualify any individual that attempts to tamper with or undermine the legitimate operation of the Contest and reserves the right to seek damages (including attorneys’ fees) and other remedies from any such individual to the fullest extent permitted by law.
16. GOVERNING LAW / LIMITATION OF LIABILITY: All issues concerning the Contest and these Official Rules shall be governed by North Carolina law, without giving effect to any choice of law or conflict of law rules that would cause the application of any other state’s laws.
BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
17. MANDATORY ARBITRATION / NO CLASS RELIEF: To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND SPONSOR RELATING TO THE CONTEST SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.
18. NAME OF WINNER / OFFICIAL RULES REQUESTS: To receive the name of the Winner, send a stamped self-addressed envelope to: “Contest Winners List,” Stout Brewing Company, LLC, 518 N. Sims St, Kings Mountain, NC 28086 (Attn: Marketing Director). Please indicate which Contest Winners List you are requesting (i.e., the name of the Contest). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Contest Official Rules,” Stout Brewing Company, LLC, 518 N. Sims St, Kings Mountain, NC 28086 (Attn: Marketing Director) prior to the end of the Entry Periods. Please indicate which Contest Official Rules you are requesting (i.e., the name of the Contest). Vermont residents may omit return postage with Official Rules requests.
19. MISCELLANEOUS: The invalidity of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is deemed unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision were not contained here. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver. Released Parties are not responsible for any typographical or other errors in the administration of the Contest, including, but not limited to, errors in any printing or posting of these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Sponsor is not responsible: (1) for any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Contest; and/or (4) for technical or human error which may occur in the administration of the Contest or the processing of entries. Sponsor reserves the right to cancel, modify, or suspend the Contest or any portion thereof should virus, bugs, or other causes beyond the Sponsor’s control corrupt the administration or security of the Contest. You agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience and will not be deemed to affect the meaning of this document. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.