Avery Brewing Win on Game Day Basketball Instant
Win Promotion
Official
Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING. THE
FOLLOWING PROMOTION IS VALID ONLY IN THE FIFTY (50) UNITED STATES (“U.S.”) AND
DISTRICT OF COLUMBIA (“D.C.”), AND IS OPEN ONLY TO QUALIFIED PERSONS (AS
DEFINED IN THE RULES BELOW). VOID
ELSEWHERE AND WHEREVER PROHIBITED. BY
PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES
AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR.
DO NOT PARTICIPATE IN THE PROMOTION IF YOU DO NOT AGREE TO THESE
OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH
BELOW.
Promotion
Name: Avery Brewing Win on Game Day Basketball
Instant Win Promotion (the “Promotion”).
Promotion Dates: Registration begins at 12:00:01am Eastern
Time (“ET”) on 3/3/2024 and ends at
11:59:59pm ET on 4/27/2024 (the “Promotion
Period”). The Promotion is subject to all applicable
federal, state and local laws and regulations.
Void outside of the (50) U.S. and D.C., and wherever restricted or
prohibited by law.
Who may Enter: Promotion is open only to legal residents of
the (50) U.S. and D.C., who are age 21 or older as of date of entry, and have a
valid driver’s license or government issued photo ID, except the following
persons who are not eligible to enter, participate or win:
(a) Employees, officers, and
directors of Avery Brewing Co. (“Sponsor”), Million
Dollar Media (the “Sweepstakes Administrator”), and each of the
foregoing’s respective franchisees, owners, employees, contractors, parents,
affiliated companies, subsidiaries, distributors, retailers, printers,
advertising and promotion agencies, and any and all other companies associated
with the design or execution of this promotion (collectively, “Released
Parties”), and the members of the immediate families or households, whether or
not related, of any of the above. “Immediate family members” includes, for
purposes of this promotion, parents (including in-laws), grandparents, siblings
(including step-siblings), children (including step-children), grand
children (including step grandchildren) and each of their respective spouses,
regardless of where they reside.
(b) Any individual who has
previously won (or resides in a household or at a street address that
has previously won) a prize in any Avery Brewing Co. sponsored
contest, sweepstakes or promotion within the last 6-month period
(beginning 9/1/2023), with a prize value of $50 or higher. Note,
there is a maximum of one prize award per person, household, email address or
street address (of $50 or higher) within any 6-month period,
across all Avery Brewing Co. sponsored promotions.
How to Enter –
Online Registration: To enter, scan the QR Code on
the applicable point of sale materials using your mobile device’s camera during
the “Promotion Period” and follow the on-screen entry instructions to
participate in the Instant Win game.
Each entrant must fully complete the online registration page with all
required information including his/her name, valid email address, phone number (including area code), residential
address, and date of birth. After having
read and agreed to these Official Rules, click the submit button to submit your
online entry. All online entries must be fully complete for all required
information and must be received by 11:59pm ET on 4/27/2024 to be eligible.
Any available
opt-in opportunities are not required to enter the Promotion,
and opting-in will not improve your chances of winning. By participating and submitting an entry, entrant agrees that sponsor
and participating parties are authorized to contact entrant via email, text,
mail, phone or any other form of media to make entrant aware of information
pertinent to the Promotion, and to distribute information regarding the
Sponsor(s) featured products, special events or future contests, promotions or
offers. Entrants may opt-out of any
further email communication at any time by simply replying REMOVE to any email
message, or following the provided opt-out instructions.
Limit of one registration
per person and per valid email address during the entire Promotion Period, but
once registered, eligible entrants may participate in the instant win game up
to one time per day between the Promotion Period (see below). Your
registered email address may be used to login for each return visit to
participate in the instant win game.
Any
incomplete or illegible entries will be disqualified. Any entry submitted
with an invalid email address or other inaccurate, incomplete, false or
incorrect information will be disqualified.
Released Parties are not responsible for lost, late, misdirected,
illegible, incomplete, invalid, unintelligible, damaged entries, or for entries
submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received due to any
technical error or failure, unauthorized human intervention, inaccurate capture
or mis-entry of any required information, or the failure to capture any such
information for any reason including programming or technical errors, or
effects of hackers or failure of any electronic equipment, computer or cellular
transmissions and/or network connections; all of which will be disqualified.
Each
entrant must submit an entry on his/her own behalf. Any entry submitted on behalf of another
individual or using another person’s email address, name or mobile number will
be disqualified and ineligible to claim any prize. Any attempt by any entrant to obtain more
than the stated number of entries allowed by using same, multiple/different
email addresses, mobile numbers, identities, or any other methods void that
entrant's entries and that entrant may be disqualified. No mechanically reproduced or automated
entries permitted. Use of any automated
system to participate is prohibited and will result in disqualification and all
such entries will be deemed void. All
entries received become the property of the Sponsor and will not be returned.
In
the event of a dispute as to any online registration, the authorized account
holder of the email address used to register will be deemed to be the
registrant and he/she must be eligible according to these Official Rules. The “authorized email account holder” is the
natural person assigned an email address by an Internet access provider, online
service provider or other organization responsible for assigning email
addresses for the domain associated with the submitted address.
By
registering to enter the Promotion, you affirm that you have read and accepted
these Official Promotion Rules. All entries received
become the property of the Sponsor and will not be returned. All
entrants agree to be bound by and abide by the official rules of the Promotion.
Instant Win Game – How to Play: After completing the online
registration page (first time visitors) or logging in with your registered
email address (for return visitors), visit the game play page on the Promotion
website. Follow the on-screen
instructions to play the instant win game.
After playing the on-screen instant win game, the website will
determine if the participant is a potential instant win prize winner, and the
participant shall receive an online message verifying if they are a potential
winner. If they are not determined as an
instant win prize winner, they will receive a non-winning message. If the participant is determined as a
potential instant win prize winner, they will receive a winner confirmation
message AND an associated unique prize claim code on their
results page. If the participant does
not receive the winner confirmation message and a valid unique prize claim code
for any reason, or receives the non-winning result message, then that
participant will not be a prize winner for that game play attempt.
Eligible participants may return to the Promotion website to play
the online instant win game up to one (1) time per day each day during the Promotion
Period. Each ‘day’ shall be defined as occurring between 12:00:00 am
ET to 11:59:59 pm ET, and the Administrator’s time clock shall be the sole
determinant of the eligible time period. For a chance to be eligible to win an available instant win
prize (see below), game play attempts must occur before 11:59:59pm ET on 4/27/2024.
Instant Win prize winners will be randomly determined throughout
the Promotion Period. A maximum total of two (2) Instant Win prize winners
will be randomly determined during the entire Promotion Period, based
upon randomly selected and predetermined winning dates and
times. The first eligible participant who participates at or
following a scheduled winning date and time, shall receive a winning prize
message and unique prize claim code, and shall be eligible to claim the prize
award for that attempt (see below). If there is no game play
attempt at or following the scheduled winning time on any date during the Promotion
Period, then the instant win prize shall not be awarded for that associated date.
Maximum of one (1) instant win prize award per person, email
address or household during the Promotion Period. After receiving a
winning Instant Win prize message or being determined as an eligible Instant
Win prize winner, participants may not be re-awarded another Instant Win prize
during the Promotion Period to the same individual, email or household.
Claiming a prize award: Eligible participants
receiving an online winner confirmation message must print or record their
unique prize claim code, and must follow the online instructions
provided. Eligible prize winners may be required to complete and
return a prize claim form within two to four (2-4) weeks from their online
notification of being randomly determined as a potential prize
winner.
Instant Win Prize Awards and Delivery:
The available instant win prize awards, number of prizes available and
approximate retail value (“ARV”) of each instant win prize are as follows:
|
Instant
Win Prize Award Description |
Max.
# Prizes Available |
ARV |
|
$400
Stubhub.com gift card |
(2) total |
$400 ea. |
Gift card subject to the terms and conditions, including any
expiration, of the issuing gift card provider policy. Sponsor reserves the
right in its sole discretion to substitute an alternate merchandise item of
approximate equal or greater value, based upon availability. Total ARV of all available instant win
prize awards: $800.
Instant Win Prize Awards: The maximum number of instant win prize awards
available during the entire Promotion Period are as listed above. No
more than the advertised number of instant win prizes will be awarded for any
reason. Each instant win prize winner will receive online
instructions for prize redemption, and/or may be contacted by the Promotion Administrator
to confirm or coordinate prize delivery. Maximum of one prize award
per person, email address or household. In the event any
scheduled instant win prize is unavailable at time of prize award, Sponsor
reserves the right to substitute an alternate prize of equal or greater value
at its sole discretion.
Instant Win prize winners must accept delivery of prize in the
method as solely determined and designated by Sponsor. Prize shall be emailed, delivered, or shipped
to the designated winner email, mobile number, or residential address as
provided at the time of entry and/or winner notification via the method as
designated by Sponsor. In the event of shipment delivery, carrier
will be as determined and designated by Sponsor (i.e. UPS, USPS or other
Sponsor designated carrier), or as otherwise specified by Sponsor. Allow
approximately 8 – 12 weeks for delivery. Once shipped, emailed or
delivered digitally, prize shall be considered awarded, delivered and
fulfilled, and Sponsor shall not be responsible for any prize shipment that is
lost, late, delayed, undelivered, misdirected, misdelivered, damaged or stolen,
or any incorrect shipping address provided by winner. In the event
of any delivery issues, prize award shall not be replaced or substituted with
any alternate prize award or compensation. Winner shall look solely
to designated shipper/carrier and not to Sponsor for any delivery issues.
If
the Administrator is unsuccessful in its attempt to reach a potential instant
win prize winner via email for any reason (including but not limited to incorrect
email addresses provided by entrant, junk/spam folder delivery, blocked
delivery or failure by any potential winner to check their email) and/or
speak directly with a potential instant win prize winner within 48-hours of the
initial notification attempt to email address or phone number associated with
that contestant’s entry, then that contestant may be disqualified. Note:
phone messages will not be left during the winner notification process.
All of the following will apply to each potential instant win
prize winner: 1) instant win prize winner will be required to complete and
return, within 3-days of date of receipt, a prize
acceptance form, an affidavit of eligibility, and a liability/publicity release
(where permitted); 2) prize winner may be required to present a copy of a valid
driver’s license or government I.D. and confirm their residential delivery
address as a condition of receiving any prize; 3) Winners are
responsible for paying all applicable taxes on prize(s).
Once
shipped, prize shall be considered as awarded and delivered, and Sponsor shall
not be responsible for actual receipt of delivery by winner. Sponsor shall not be responsible for any
lost, late, undelivered, misdirected, damaged or stolen delivery; or any
incorrect delivery address provided by winner during registration or prize
claim. In the event of any delivery
issues, including undelivered, misdirected, lost or stolen deliveries, Sponsor
shall have no responsibility to replace the prize award, and prize award shall
not be substituted by Sponsor with any alternate prize award or
compensation. Winner shall look solely
to designated shipper/carrier for any lost, damaged, stolen or mis-delivered
packages and not to Sponsor for any delivery issues.
IMPORTANT: In the event of
any technical or programming errors, tampering, or any error or malfunction of
any kind that results in more than the scheduled number of participants being
notified they are an instant prize winner – then all such claimants shall be
placed into a random drawing, and the actual scheduled number of instant prize
winners as listed above will be randomly selected from all participants
receiving an instant win prize notification or submitting an instant winning
prize claim. The maximum number of
instant win prize awards are as listed above, regardless of the number of
participants who claim to have received, or who have actually received an
instant win online prize notification.
General
Prize Conditions: No
alcoholic beverage is part of any prize award.
All other costs
and expenses related to prize acceptance, delivery, redemption or use not
specified herein as being provided are the sole responsibility of winner. All income, federal, state and local taxes are
the winner’s sole responsibility. All
prize awards are non-transferable and no cash redemption or prize substitution
allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a
prize with one of comparable or greater value, at its sole discretion. All prizes are awarded as is, without
any warranty, express or implied, by Sponsor.
Failure to collect or properly claim prize in accordance with these
rules will result in forfeiture of the prize.
If forfeited for any reason, entrant will not receive any other prize
substitution or compensation, and the
prize will remain the property of Sponsor and will not be awarded, except as
provided herein. All properly claimed prizes will be awarded. Any unclaimed prizes will not be awarded.
Additional Rules &
Restrictions: By participating, entrants agree to
abide by and be bound by the Official Rules and the decisions of the Sponsor
and Administrator, which shall be final in all matters relating to this Promotion. In the event an entrant wins a prize, and is
later found to be in violation of these rules he/she will be required to
forfeit the prize or to reimburse Sponsor for the stated value of the prize if
such violation is discovered after winner has used the prize. Participation in the
Promotion constitutes permission for the Sponsor and its designees to use
entrants’ names, cities and states of residence and/or likenesses for purposes
of advertising and trade in any and all media now or hereafter known worldwide
on perpetuity without limitation or further compensation, notification or
permission, unless prohibited by law.
False, fraudulent or deceptive entries or acts shall render entrants
ineligible for any prize.
By
participating, entrants agree to hold all Released Parties harmless from any
claims, losses, actions, or damages of any kind, whether actual, incidental or
consequential, for injury (including but not limited to death), damages, losses
or expenses arising out of or relating to entrant’s participation in this Promotion,
or the acceptance, possession or use/misuse of any prize, or participation in
prize-related activities (including but not limited to travel or activity
related thereto), and to assume all liability therefor.
Released
Parties shall not be liable to winner or any other person for failure to supply
the prize or any part thereof by reason of any acts of God, pandemics, any
actions, regulations, orders, or requests by any governmental entity, equipment
failure, terrorist acts, war, fire, unusually severe weather, embargo, labor
dispute or strike, labor or material shortage, transportation interruption of
any kind, or any other cause beyond Released Parties’ sole control.
Entrants
are restricted to use of ordinary and typical computer equipment, mobile phone
equipment, Internet access and cellular networks. Sponsor disclaims all
liability for the inability of a entrant to complete or continue an entry due
to equipment malfunction, busy lines, inadvertent disconnections, acts beyond
the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for
entries not received due to technical difficulties or transmission errors. The
Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure
in the delivery of any item sent by mail, courier, express, electronic
transmission, or other delivery method.
Released Parties are not responsible for mechanical, technical, electronic,
communications, telephone, computer, hardware or software errors, malfunctions
or failures of any kind, including: failed, incomplete, garbled or delayed
transmission of online entries, traffic congestion on telephone lines, the
Internet or at any website or lost or unavailable network connections which may
limit an online entrant's ability to participate in the Promotion, and any
injury or damage to entrant’s or any other person’s computer or mobile phone
related to or resulting from participating in or downloading any information
necessary to participate in the Promotion.
Released Parties are not responsible for any other errors of any kind,
whether computer, technical, typographical, printing, human or otherwise,
relating to or in connection with the Promotion, including, without limitations,
errors which may occur in connection with the printing or advertising of this Promotion,
administration or execution of the Promotion, the cancellation of the Promotion,
the processing of entries or in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the
right to disqualify any person tampering with the entry process or the
operation of the Promotion website.
Sponsor
reserves the right to cancel, modify, reschedule or terminate the Promotion for
any reason including, but not limited to acts of God, pandemics, force majeure,
government regulatory action or ruling,
fraud, misconduct, or if any technical failures destroy or threaten the
integrity of the Promotion, in the opinion of the Sponsor/Administrator, or if
a computer virus, bug, or other technical problem corrupts the administration,
security, or proper conduct of the Promotion as determined by Sponsor/Administrator,
in their sole discretion. In the event of early termination of the Promotion,
Sponsor reserves the right to determine prize winners in a random drawing from
among all eligible, non-suspect entries received as of the time/date of such
termination.
IN CASE OF DISPUTES: By
participating, each entrant agrees that (1) any and all disputes, claims, and
causes of action arising out of or in connection with this Promotion, or any
prizes awarded, shall be resolved individually, without resort to any form of
class action, and any judicial proceeding shall take place in a federal or
state court within the State of New Jersey; (2) any and all claims, judgments,
and awards shall be limited to actual out-of-pocket costs incurred, including
costs associated with entering this Promotion, and in no event will entrant be
entitled to received attorneys' fees or other legal costs; and (3) under no
circumstances will entrant be permitted to obtain awards for, and entrant
hereby waives all rights to claim, punitive, incidental, and consequential
damages, and any other damages, other than for actual out-of-pocket expenses,
and any and all rights to have damages multiplied or otherwise increased. All
issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of
entrant and Sponsor in connection with this Promotion, shall be governed by,
and construed in accordance with the laws of the State of New Jersey, without
giving effect to any choice of law or conflict of law rules or provisions
(whether of the State of New Jersey or any other jurisdiction), that would
cause the application of the laws of any jurisdiction other than the State of
New Jersey.
Odds: Odds
of winning an instant win prize award are dependent upon the total number of
eligible entries received as of the date and time each instant win prize is
awarded.
Official Rules &
Winners List: For a copy of these Official Rules, or the
name of prize winners, send a self-addressed stamped envelope to be received by
6/15/2024 to: Avery Brewing Win on Game Day Basketball Instant Win Promotion,
c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting,
official rules or winners list.
Sponsor: This Sweepstakes is sponsored by Avery Brewing Co., 4910
Nautilus Ct. N, Boulder, CO, 80301.
Sweepstakes Administrator:
The Sweepstakes is administered by Million Dollar Media, P.O. Box 278,
Woodbridge, NJ 07095.