BREW DR.KOMBUCHA SWEEPSTAKES
Important: Please read these Official Rules before entering this Sweepstakes(the “Sweepstakes”).
By participating in this Sweepstakes, you agree to be bound by these OfficialRules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND ISNECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Sweepstakesvoid where prohibited by law. Subject toapplicable federal, state, and local laws.
- Eligibility:The Sweepstakes is open only to legal residents of the states of Oregon andWashington who are at least 18 years old at the time of entry. Directors, officers, members, managers, and employeesof Brew Dr. Kombucha, LLC (“Sponsor”)and any of its parent companies, affiliate companies, subsidiaries, agents,professional advisors, advertising, promotional, public relations, andfulfillment agencies, consultants, legal counsel, website providers, webmasters, and immediate family members (spouses, parent, child, sibling,grandparent, and “step” child, wherever they may live) of each are not eligibleto win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHERELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN APRIZE. To be eligible to win a prize, entries must be completed and received bySponsor in the manner and format designated below.
- SweepstakesPeriod: The Sweepstakes starts at 12:00 p.m. Pacific Time (“PT”)on July 3, 2019 and ends at 11:59 p.m. PT on July 21, 2019(the “Sweepstakes Period”). All entries must be received during theSweepstakes Period and meet other requirements in these Official Rules to beeligible to win a prize. Sponsor’s or its designee’s computer is the officialtime-keeping device for the Sweepstakes.
- How toEnter: To enter, during the Sweepstakes Period visit https://promosimple.com/ps/e7be/pickathon-ticket-giveaway and follow the instructions to enterthe Sweepstakes, including by providing all required information to complete andsubmit the online entry form. Uponcompletion of all required entry steps, you will receive one entry into theSweepstakes.
Limit:ONE ENTRY PER PERSON DURING SWEEPSTAKES PERIOD, REGARDLESS OF METHOD OF ENTRY. Any attempt to obtain additional entries,including through multiple or duplicate accounts will result indisqualification.
Ifparticipating in this Sweepstakes via your mobile device (which service mayonly be available via select devices and participating wireless carriers and isnot required to enter), you may be charged for standard data use from yourmobile device according to the terms in your wireless service provider’s dataplan. Normal airtime and carrier charges and other charges may apply to datause and will be billed on your wireless device bill or deducted from yourpre-paid balance. Wireless carrier rates vary, so you should contact yourwireless carrier for information on your specific data plan.
- Identity ofEntrant: All entries must be submitted by the individual entrant. Bulk orautomated entries will be disqualified (including entries made using anyscript, macro, bot, or promotional service). Multiple participants are notpermitted to share the same email account. Any attempt to obtain additionalentries through fraud or other illegitimate means will result indisqualification, at Sponsor’s discretion. If there is a dispute about the identity of the entrant, entries will bedeclared made by the authorized account holder of the email address submittedwith the entry. An “authorized account holder” means the natural person who isassigned to an e-mail address by an Internet access provider, online serviceprovider or other organization (e.g., business, educational institution, etc.)that is responsible for assigning e-mail addresses for the domain associatedwith the submitted e-mail address. A potential winner may be required toprovide Sponsor with proof that a potential winner is the authorized accountholder of the account associated with the winning entry.
- Selectionand Notification of Winner: On or about July 22, 2019, Sponsor will selectthe names of one potential Grand Prize winner and three potential Runner UpPrize winners in a random drawing from among all eligible entries at Sponsor’sheadquarters as listed in Section 14 below. The odds of winning depend on thenumber of eligible entries received. Each potential winner will be notified viaemail on or about July 24, 2019. To the fullest extent permitted by applicablelaw, Sponsor may require each potential winner to sign and return, within 48hours of being notified, an Affidavit of Eligibility and Liability/PublicityRelease in order to claim his/her prize. If (i) the attempted notification isreturned as undeliverable without a forwarding address; (ii) any requireddocuments are not returned within 48 hours, such as the Affidavit ofEligibility and Liability/Publicity Release; or (iii) if potential winner isotherwise unable to accept the prize as stated, the prize will be forfeited andmay be awarded to an alternate winner. Only two alternate drawings will be heldfor each prize, after which the remaining prizes will not be awarded. If, byreason of a print or other error, more prizes are claimed than the number setforth in these Official Rules, an alternate winner will be selected inaccordance with the above selection process from among all eligible claimantsmaking purportedly valid claims to award the prizes available.
Verification of Potential Winner: EACH POTENTIAL WINNER ISSUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING INALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESSAND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIEDTHAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
- [PC1] rize: The following prizes will beawarded:
Grand Prize: One Grand Prize winner will receive twoadult weekend tickets (general admission passes) to the 21st annual PickathonFestival 2019 held at Pendarvis Farm, 16581 SE Hagen Rd, Happy Valley, Oregon97086, from August 2 to 4, 2019. Tentcamping in the woods at Pendarvis Farm is included with the tickets (campingspots are first come first served). Approximate Retail Value (“ARV”) of each ticket: $325.
Runner-Up Prizes: Three Runner-Up Prize winners willeach receive (i) two cases (24 14-oz bottles in total) of Brew Dr. Kombucha (ARV:$52 for two cases) and (ii) a bag of Brew Dr. Kombucha swag merchandise (ARV: $15each bag).
Total ARVof all prizes: $747. All prizes are subject to the terms and conditions of useas indicated thereon; additional requirements/conditions of concert and campingvenues may also apply. For the avoidance of doubt, all winners are solelyresponsible for travel to and from all venues and parking at all venues.
PrizeRestrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THERECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE POTENTIAL WINNER.Prizes are not transferable. No substitutions or exchanges of any prize(including for cash) will be permitted, except that Sponsor reserves the rightto substitute a prize of comparable or greater value for any prize. Sponsorwill not replace any lost or stolen prizes or prize components. Only the numberof prizes stated in these Official Rules are available to be won in the Sweepstakes.
Except forapplicable manufacturer’s standard warranties, the prizes are awarded “AS IS”and WITHOUT WARRANTY OF ANY KIND, express or implied (including, any impliedwarranty of merchantability or fitness for a particular purpose).
- Disclaimer:Sponsor, Instagram Inc., and any of their respective parent companies,subsidiaries, affiliates, directors, officers, professional advisors,consultants, contractors, legal counsel, public relations firms, employees andadvertising, fulfillment and marketing agencies (collectively, the “ReleasedParties”) will not be responsible for: (a) any late, lost, misrouted,garbled or distorted or damaged transmissions or entries; (b) phone,electronic, hardware, software, network, Internet, or other computer orcommunications-related malfunctions or failures beyond Sponsor or the ReleasedParties’ reasonable control; (c) any Sweepstakes disruptions, injuries, lossesor damages caused by events beyond the reasonable control of Sponsor or theReleased Parties by non-authorized human intervention; or (d) any printing ortypographical errors in any materials associated with the Sweepstakes.
- Limitationsof Liability; Releases: By entering the Sweepstakes, you release Sponsor andall Released Parties from any liability whatsoever, and waive any and allcauses of action, related to any claims, costs, injuries, losses, or damages ofany kind arising out of or in connection with the Sweepstakes or delivery,misdelivery, acceptance, possession, use of or inability to use any prize(including claims, costs, injuries, losses and damages related to rights ofpublicity or privacy, defamation or portrayal in a false light, whetherintentional or unintentional), whether under a theory of contract, tort(including negligence), warranty or other theory.
TO THEFULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THERELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIALDAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN ANACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF ORIN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE ORINABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANYPRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.
TO THEFULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATELIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOURPARTICIPATION IN THE SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENTPROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE EXCEED $10. THE LIMITATIONSSET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONALINJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS RENTED FROM THE SPONSOR, OR FORTHE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
- Use of Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Sweepstakes constitutes permission to use your name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Sweepstakes, you consent to being contacted by Sponsor for any purpose in connection with this Sweepstakes.
- Winner List; Rules Request: For a copy of the winner list, send an email to [email@example.com] between August 1, 2019and before August 1, 2020, Attn: Brew Dr. Kombucha Sweepstakes (Summer 2019). To obtain a copy of these Official Rules, visit bit.ly/2KVvdnU or email
, Attn: Brew Dr. Kombucha Sweepstakes.
- IntellectualProperty Notice: BREW DR KOMBUCHA is a trademark of Brew Dr. Kombucha. TheSweepstakes and all accompanying materials are copyright © 2019 by Brew Dr.Kombucha. All rights reserved.
- Disputes:EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUTOF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVEDINDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BYTHE UNITED STATES DISTRICT COURT FOR THE [DISTRICT OF OREGON] OR THEAPPROPRIATE STATE COURT LOCATED IN [MULTNOMAH COUNTY, OREGON]. THESE OFFICIALRULES ARE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO CHOICEOF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TOJURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OFTHOSE COURTS.
- GeneralConditions: Entrants agree to be bound by these Official Rules and by thedecisions of Sponsor, which are final and binding in all respects. Sponsorreserves the right to change these Official Rules at any time, in itsdiscretion, and to suspend or cancel the Sweepstakes or any entrant'sparticipation in the Sweepstakes should viruses, bugs, unauthorized humanintervention or other causes beyond Sponsor's reasonable control affect theadministration, security or proper play of the Sweepstakes, or Sponsorotherwise becomes (in its discretion) incapable of running the Sweepstakes asplanned. Entrants who violate these Official Rules, violate any law, rule orregulation in connection with participation in the Sweepstakes, tamper with theoperation of the Sweepstakes or engage in any conduct that is detrimental orunfair to Sponsor, the Sweepstakes or any other entrant (as determined inSponsor's discretion) are subject to disqualification from the Sweepstakes.Sponsor reserves the right to lock out persons whose eligibility is in questionor who have been disqualified or are otherwise ineligible to enter theSweepstakes. Sponsor reserves the right to disqualify any entries received thatcontain inappropriate or offensive content. Sponsor’s failure to enforce anyterm of these Official Rules will not constitute a waiver of that provision.Any provision of these Official Rules deemed unenforceable will be enforced tothe extent permissible, and the remainder of these Official Rules will remainin effect. The use of the terms “include” or “including” in these OfficialRules is illustrative and not limiting.
- Sponsor:Brew Dr. Kombucha, LLC, 2222 NE Oregon Street, Suite109, Portland, OR 97232.
[PC1]PerkinsNote: If the prize value is $600 or greater, the Sponsor must file aForm 1099 with the IRS and provide the winner a copy of the Form 1099. Tocollect the necessary information to complete this form, request the winner tofill out a Form W-9 and provide the completed Form W-9 to the Sponsor’saccounting/finance department.