#HowDoYouTailgate Instagram Contest Rules
New Planet Brewery
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED.
BY ENTERING THE CONTEST YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY. The New Planet Brewery #HowDoYouTailgate Contest (the “Contest”), sponsored by New Planet Brewery (“Sponsor”), is open to legal residents of the United States who, as of the posting date, are at least twenty-one (21) years old. The Contest is void outside the United States and where prohibited by law.
- TIMING. The Contest begins at 05:00:01 p.m. Mountain Time (“MT”) on October 7, 2015, and ends at 11:59:59 p.m. MT on October 31, 2015 (the “Entry Period)
- HOW TO ENTER.
Each original post must include ALL of the following:
- The hashtags #HowDoYouTailgate AND #NewPlanetBeer
(“Entrant Content”). All Entrant Content must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Official Rules.
Entries received during the Entry Period and in accordance with these Official Rules will be judged as more fully detailed in the “Winner Selection” section below.
There is no limit on the number of original entries per person. Those who do not provide the required information or abide by these Official Rules and other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and any associated entry void. Potential winners may be required to show proof of being the authorized account holder. If a dispute regarding the identity of an entrant cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
- AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, interpretation of these Official Rules, decisions regarding eligibility of entries, the selection of the winners, and the awarding of the prizes), which are final and binding in all respects.
- SUBMISSION REQUIREMENTS. Your Entrant Content must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified:
- When posting your Entrant Content, your post must include
• The hashtags #HowDoYouTailgate and #NewPlanetBeer
- All aspects of the Entrant Content must be originally created by and solely owned by you or be in the public domain. All third-party content and content not original to you (unless it is in the public domain) is prohibited.
• Entrant Content must not depict, identify, or include any person other than the entrant unless the person depicted is the age of majority in his or her state of residence and entrant has such person’s explicit written consent to include him/her in the Entrant Content, or the person depicted is 13 or older but less than the age of majority in his or her state of residence and entrant has the explicit consent from such person’s parent or legal guardian to include him/her in the Entrant Content adequate proof of which (as determined by Sponsor) will be provided by entrant to Sponsor upon request as a condition of winning any prize in this Contest.
• Entrant Content must not identify, reference, or depict any company or its brands, products or services, except for Sponsor. Do not include any recognizable third-party products or trademarks (including logos) in your Entrant Content. Entrant Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
• Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or right of privacy or publicity.
• Do not include any music in your Entrant Content.
• Entrant Content must be unpublished and not have been submitted in any other sweepstakes, contest, promotion, or competition.
• Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, libelous (including trade libel), disparaging, harassing, threatening, profane, obscene, pornographic or otherwise adult-oriented, hateful, indecent, inappropriate, or injurious to any employees, officers, directors, members, managers, representatives, and agents of Sponsor parents, subsidiaries, affiliates, divisions, advertising and promotion agencies (collectively, with Facebook and Twitter, the “Released Parties”) or any other party.
• Entrant Content must not contain or describe any inappropriate, harmful, or illegal activity or content or in any way violate any federal, state, or local law, rule, or regulation.
• Entrant Content must be suitable for presentation in a public forum.
• Entrant agrees that his/her participation in the Contest and agreement to these Official Rules and any Released Party’s display and use of his/her Entrant Content will not violate any agreement to which entrant is a signatory or party.
• Entrant agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content in accordance with the rights granted the Released Parties in these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or cease or refrain from displaying or publishing any entry or Entrant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
- WINNER SELECTION & NOTIFICATION.
Eligible entries will initially be judged by a panel of judges chosen in Sponsor’s sole discretion (“the Judges”). As The Contest continues, Sponsor may opt to allow Instagram users to vote by “liking” individual entries, and will announce voting procedures in that case.
Sponsor reserves the right to contact participants for verification purposes and administration of the Contest. All Judges’ decisions are final and binding in all matters relating to this Contest. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Entrant Content that may have familiarities or similarities to his/her Entrant Content, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
Winner selection is scheduled to take place on October 12, October 19, October 26, and November 2; winners will be notified via Instagram. If (i) the potential winner cannot be contacted or does not respond as instructed within seventy-two (72) hours of the first attempt to contact him/her, (ii) the potential winner is found to be ineligible, or (iii) the potential winner does not comply with the Official Rules, then the potential winner may, in Sponsor’s sole discretion, be disqualified and an alternate winner selected by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason, after which that prize may go unawarded.
Four (4) winners, subject to verification, will each receive a prize. There will be three (3) First Prize winners and one (1) Grand Prize winner.
All prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any taxes (federal, state, and local) and all costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being part of the prize will be the sole responsibility of each winner. Sponsor will not replace any lost, mutilated, or stolen prize or prize elements or any prize that is undeliverable or does not reach any winner because of an incorrect or changed address. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Each winner is strictly prohibited from selling, auctioning, trading, or otherwise transferring any part of the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Any mailed prize elements will only be mailed or otherwise provided to the applicable verified winner’s address in the Territory, unless Sponsor, in its sole discretion, agrees otherwise. Sponsor reserves the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including unavailability of the stated prize. Each entrant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
By entering, except where prohibited by law, each entrant grants to the Released Parties and their agents, successors and assigns the irrevocable, sublicensable, absolute and perpetual right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, and exploit the content of and elements embodied in the entry, including, without limitation, all Entrant Content, in any and all media (whether now existing or hereafter devised), including online and in digital media, in any language, throughout the world, and in any manner, including for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation. Each entrant agrees that the licensed entities may, but are not required to, attribute the Entrant Content (or any part thereof) to entrant. Each entrant waives and releases the Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of Entrant Content without further notification or compensation to entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties, each of their licensees, or any other person in connection with this Contest, on the grounds that any use of any Entrant Content or derivative works therefrom, infringes or violates any of entrant’s rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that nothing in these Official Rules will require a Released Party to use the Entrant Content (in part or in whole) or to include the Entrant Content in any Released Party-related property. Each entrant hereby acknowledges and agrees that the relationship between the entrant and each of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her entry for purposes of the Contest does not place any Released Party in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, essays, images, and other creative materials. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, components, format, or other respects. Each entrant acknowledges and agrees that he or she will not be entitled to any compensation as a result of a Released Party’s use of any such similar or identical material that has or may come to such Released Party from other sources. Each entrant acknowledges and agrees that each Released Party does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her entry or its constituent elements. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party property or product, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
- LIMITATION OF LIABILITY.
EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH PREPARING FOR, AND/OR PARTICIPATING IN CONTEST. EACH WINNER AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR AND/OR PARTICIPATING IN CONTEST. WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- ADDITIONAL DISCLAIMERS.
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, mail, or Contest-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Contest-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply the prize or any part thereof in the event that any of the Contest activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
- GENERAL RULES.
By entering the Contest (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her entry (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, determination of the winners, and awarding of the prizes. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor, which are final. Failure to comply with these Official Rules may result in disqualification from this Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsor reserves the right to restrict or void entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prizes from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. If a dispute regarding an entry cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. By entering, you understand that you are providing information to Sponsor and not Instagram. Any questions, comments, or complaints regarding the Contest should be directed to Sponsor, and not to Instagram. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
- DISPUTES/GOVERNING LAW.
Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with this Contest (including a prize awarded or the determination of a winner) must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain (and hereby waives all rights to seek or claim) injunctive, equitable, or other non-monetary relief or awards for punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased.
THIS CONTEST, THESE OFFICIAL RULES, AND ANY DISPUTE ARISING UNDER OR RELATED THERETO (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, OR OTHERWISE) WILL BE GOVERNED, CONSTRUED, AND INTERPRETED UNDER THE INTERNAL LAWS OF COLORADO, U.S.A., WITHOUT REFERENCE OR GIVING EFFECT TO ITS CONFLICTS OF LAW PRINCIPLES OR RULES THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. ANY LEGAL ACTIONS, SUITS, OR PROCEEDINGS RELATED TO THIS CONTEST (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, OR OTHERWISE) WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN DENVER, COLORADO AND EACH ENTRANT IRREVOCABLY ACCEPTS, SUBMITS, AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS WITH RESPECT TO ANY LEGAL ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATED TO THIS CONTEST. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
- WINNERS LIST. To request a copy of the Contest winners list, send a self-addressed, stamped envelope to “#HowDoYouTailgate Contest – Winner List Request,” c/o New Planet Brewery, 3980 Broadway, Ste. 103 – PMB 116, Boulder, CO 80304. Limit one (1) request per outer envelope. Requests for a copy of the winners list must be received by November 31, 2015.
- SPONSOR. The sponsor of the Contest and the address at which the Sponsor may be contacted is New Planet Brewery, 3980 Broadway, Ste. 103 – PMB 116, Boulder, CO 80304. Reference to third parties in connection with the prize is for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest. The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram.