BREW DR. KOMBUCHA, LLC SWEEPSTAKES OFFICIAL RULES & PRIVACY POLICY
NO PURCHASE ORPAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASEYOUR CHANCES OF WINNING.
OPEN TO RESIDENTS OF FORTY-SEVEN (47) UNITED STATES AND THE DISTRICT OFCOLUMBIA WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY. VOID IN NEW YORK, FLORIDA, RHODE ISLAND ANDPUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
- SUMMARY OF THE PROMOTION: THIS BREW DR.KOMBUCHA, LLC SWEEPSTAKES (the “Promotion”) begins at 12:00:01 A.M. EST onFriday, February 15, 2019 and ends the earlier of when all Special EditionBlazers Happiness Labels have been distributed and prizes claimed or[JW1] at 11:59:59 P.M. EST on Friday, March 15, 2019 unless a later date isgiven at the Promotion location (the “Promotion Period”).
- SPONSOR: The Promotion is sponsored by Brew Dr.Kombucha, LLC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232 (the“Sponsor”).
- AGREEMENT TO OFFICIAL RULES: By participating inthe Promotion, each participant fully and unconditionally agrees to and acceptsthese Official Rules and the decisions of the Sponsor, which are final andbinding in all matters related to the Promotion. Winning a prize is contingenton fulfilling all requirements set forth in these Official Rules and any otherrules or decisions the Sponsor implements. The Sponsor reserves the right, atany time in its sole discretion, to verify the eligibility of the Promotionwinner and to change these Official Rules or any of its decisions or otherrules.
- ELIGIBILITY TO ENTER OR WIN: The Promotion isopen only to legal residents of forty-seven United States (excluding Florida,New York, and Rhode Island) and the District of Columbia, who are at leasteighteen (18) years of age (or the age of majority under applicable law,whichever is older) at the time of entry. Employees of the Sponsor, and any oftheir subsidiaries’ affiliates, representatives, consultants, contractors,legal counsel, and advertising, public relations, promotional, fulfillment, andmarketing agencies, web site providers, web masters, or the immediate familymembers and persons living in the households of each of them are not eligibleto enter or win the Promotion. All federal, state, and local laws andregulations apply.
- HOW TO ENTER: A Special Edition Blazers Happiness Kombucha label acquired through thelegitimate channels described in these Rules is required to enter thePromotion. To enter the Promotion, youmay purchase the Special Edition Blazers Happiness Kombucha and peel back thelabel to see if you have won. Obtaininga Special Edition Blazers Happiness Kombucha label via online auction or anyother method not described in these Rules is not a legitimate channel and expresslyprohibited. Limited quantities of theSpecial Edition Blazers Happiness Kombucha labels are available
- ALTERNATE METHODOF ENTRY: You may also enter the Promotion without purchase by sending aself-addressed envelope with your name, return address, phone number and emailaddress, to Brew Dr. Kombucha, LLC, 2222 NE Oregon Street, Suite 109, Portland,OR 97232. Upon receiving the envelope, Brew Dr. Kombucha will mail you aSpecial Edition Blazers Happiness label. Limit one (1) entry per person per day during the Promotion Period viaalternative method of entry. A mail-in entry must be hand-written. Theentry must be received by Sponsor before the end of the Promotion Period. Any mail-in entry received after the dateslisted for each market’s prize will not be eligible. Mechanically reproducedmail in entries will automatically be void. Any mail entry that does not include information requested above willnot be eligible.
- LIMITS ON ENTRIES: Sponsor will issue a limitednumber of Special Edition Blazers Happiness Labels, which will only be availableuntil distributed. Thenumber of Special Edition Blazers Happiness Labels and prizes availablewill decrease throughout the Promotion Period as the Labels are distributed andthe prizes claimed.
- WINNER NOTIFICATION AND VERIFICATION: APROMOTION PARTICIPANT IS NOT A WINNER OF THE PROMOTION PRIZE UNLESS AND UNTILTHE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AS DESCRIBED BELOW. WINNERS MUST REDEEM THEIR PRIZE AS FOLLOWS:
- Ifwinning ticket is found, email goldensloth@brewdrkombucha.com and include the following information:
- SUBJECT LINE: The prize description outlined inthe speech bubble
- EMAIL BODY: Include a photo of the winningticket, your name and your phone number.
- Upon review and winner confirmation, a representative of Brew Dr.Kombucha will respond in a timely matter to discuss next steps.
- Potential Promotion winners will be required to sign, and return anAffidavit of Eligibility, Publicity Release and Liability Waiver, except whereprohibited by law, within seven (7) days of the date notice or attempted noticeis given, or the Promotion prize may be forfeited in the Sponsor’s solediscretion. If a potential Promotion winner cannot be reached or does notrespond within seven (7) business days of notification, the applicable prizewill be deemed forfeited and an alternate winner will be selected. In the event any one or more potentialwinner(s) fails to respond as stated above, declines the prize, is found to beineligible, does not comply with these Official Rules or fails to provide thesigned Affidavit of Eligibility, Publicity Release and Liability Waiver, suchwinner(s) will be deemed to forfeit the prize and Sponsor will select analternate winner(s) from the remaining eligible entrants. If any alternate similarly fails to respondor declines the prize, Sponsor will use a reasonable number of attempts, in itsdiscretion, to award the prize(s) to another alternate(s) but if it is unableto do so, the prize(s) will be finally forfeited and Sponsor shall have nofurther liability or obligation of any kind in connection with thisPromotion. The Sponsor’s decisions arefinal and legally binding on all matters relating to the Promotion.
- PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
There are fourteen (14) total prizes available to be awarded asdescribed below:
Four(4) grand prize winners will each receive one (1) tour of Brew Dr.Kombucha brewery, two (2) cases of Brew Dr. Kombucha, two (2) Brew Dr. hats,one (1) pre-game shoot around at the Moda Center, two (2) club-level tickets tothe March 23, 2019 Portland Trailblazers game at the Moda Center in Portland,OR, and one (1) one-night stay for twoat Hotel Eastlund in Portland, OR. ARVof each grand prize is $430. Thegrand prize winner may bring a guest to each event listed above. Travel or transportation is not included as partof the prize.
Ten(10) secondary winners will receive a case of Brew Dr. Kombucha, and a Brew Dr.Kombucha trucker hat.
Thetotal ARV of all the prizes is $2,340.00
Each Promotion winner is solely and fully responsible for any and allcosts, fees, taxes, assessments and expenses associated with prize award,redemption, receipt and use, including, without limitation, all transportationand federal, state and local taxes on the prize. Promotion winners will receivean IRS Form 1099 reflecting the final actual value of any prize valued at $600or more. Each winner waives the right to assert as a cost of winning a prize,any and all costs of verification and redemption or travel to redeem the prize.
No more than one (1) prize will be awarded per person. Any portion of the prize not accepted orunclaimed and/or unused by the Promotion winner will be forfeited and will notbe substituted.
- ODDS OF[JW2] WINNING[JW3] : Odds of winning one (1) of four (4) grand prizes is 1 in 32,223. Oddsof one (1) of ten (10) secondary prizes is 1 in 12,890. Total odds of winning[JW4] is 1 in 9207.
- PUBLICITY: As a condition ofentry and by accepting a prize, except where prohibited by law, each prizewinner, grants to the Sponsor, and any of their parents, subsidiaries andaffiliates, a perpetual, royalty-free license and right to publicize,broadcast, display and/or otherwise use the entrant’s and any prize winner'sname, city, state, and biographical material in any media now or hereafterknown throughout the world in perpetuity for advertising and publicitypurposes, without additional review, compensation, permission orapproval.
- PRIZE LIMIT; NO SUBSTITUTION; NON-TRANSFERRABLE: The right to receive aprize is non-assignable and non-transferable and no prize substitution orexchange or cash equivalent will be allowed except by the Sponsor, who reservesthe right to substitute a prize (or portion of prize) in case of unavailabilityof a prize or force majeure. In the Sponsor’s sole discretion, some or all ofthe Promotion prize(s) may not be awarded.
- TAXES: Every Promotion winner is solely responsible for any and allapplicable federal, state, and local taxes (including, but not limited to,income and sales taxes) and all fees and expenses related to acceptance anduses of the Promotion prize.
- GENERAL CONDITIONS: This Promotion is governed by the laws of the UnitedStates. The Sponsor reserves the right, in its sole discretion, to change thedates of the Promotion Period, with or without notice and for any reason. If,for any reason, the Promotion is not capable of running as planned, includingdue to infection by computer virus or bugs, tampering, unauthorizedintervention, fraud, technical failures, or any other causes beyond theSponsor’s control that corrupt or affect the operation, administration,security, fairness, integrity, or proper conduct of the Promotion, the Sponsormay, in its sole discretion, void any suspect Promotion Entries or claims and(a) cancel or terminate the Promotion (or any portion of the Promotion); and/or(b) modify the Promotion or suspend the Promotion to address the impairment,and then resume the Promotion in a manner that best conforms to the spirit ofthese Official Rules.
- HEADINGS: The Official Rules’paragraph and section headings are for convenience and are not to be construedwith the language of the paragraphs or sections themselves.
- WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON OR ENTITY TODELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINETHE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL ANDCIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHTTO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLESTEXTENT PERMITTED BY LAW.
- NO WAIVER: The Sponsor’s failure to enforce any term of these OfficialRules is not a waiver of that term.
- LIMIT ON COMMUNICATION: Neither the Sponsor nor anyone acting on itsbehalf shall communicate with any participant regarding the Promotion, exceptas expressly set forth in these Official Rules.
- RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THISPROMOTION, PARTICIPANTS AGREE THAT THE SPONSOR, AND ITS RESPECTIVE AFFILIATES,PARENTS, SUBSIDIARIES, DIVISIONS, REPRESENTATIVES, CONSULTANTS, CONTRACTORS,LEGAL COUNSEL, ADVERTISING, PUBLICATIONS, PROMOTIONAL, FULFILLMENT, ANDMARKETING AGENCIES, WEB SITE PROVIDERS, WEB MASTERS AND ADMINISTRATOR, ANDTHEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES,AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY ORRESPONSIBILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY, PARTICIPANTSAGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND(INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, ORPUNITIVE DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY,RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM: ACCEPTANCE,POSSESSION, MISUSE, OR USE OF A PROMOTION PRIZE; PROMOTION ENTRY; PARTICIPATIONIN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY; ANY CLAIMS BASED ONPUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY; OR MERCHANDISE DELIVERY.THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PROMOTION PRIZE CANNOT BEAWARDED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, ORTERRORISM.
- USE OF NAMES AND OTHER INFORMATION OF WINNER: EXCEPT WHERE PROHIBITED BYLAW, THE WINNER GRANTS TO THE SPONSOR (WHICH WINNER SHALL CONFIRM IN WRITING ONTHE SPONSOR’S REQUEST), ITS PARENTS, SUBSIDIARIES, AFFILIATES, RETAILERS,DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTINGPURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH,BROADCAST, AND USE WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED,INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THEWINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, AND BIOGRAPHICALINFORMATION (INCLUDING, WITHOUT LIMITATION, HOMETOWN AND STATE) FORADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HISOR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION,COMPENSATION, PERMISSION, OR NOTIFICATION. PARTICIPANTS AGREE THAT THE SPONSORWILL OWN THE PROMOTION ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, ANDTHAT THE SPONSOR AND ITS DESIGNEES WILL HAVE THE PERPETUAL, WORLDWIDE RIGHT TOEDIT, PUBLISH, AND USE THE PROMOTION ENTRIES IN ANY WAY AND IN ANY MEDIA FORTRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS THE SPONSOR AND/ORITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO PARTICIPANTS ORANY THIRD PARTY.
- NO WARRANTY: WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THISPROMOTION, INCLUDING THE WEBSITES AND THE PROMOTION PRIZE, ARE PROVIDED “AS IS”WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONSOR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONOF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOTAPPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESELIMITATIONS OR EXCLUSIONS.
- DISPUTES: Except where prohibited, participant agrees that: (1) any andall disputes, claims, and causes of action arising out of or connected with thePromotion or any Promotion prize awarded will be resolved individually, withoutresort to any form of class, consolidated, or joined action, and exclusively bythe United States District Court for the District of OREGON or the appropriateOREGON State Court located in MULTNOMAH COUNTY; (2) any and all claims,judgment, and awards will be limited to participant’s actual out-of-pocketcosts incurred, including costs associated with entering the Promotion, but inno event attorneys’ fees; and (3) under no circumstances will participant bepermitted to obtain awards for, and participant hereby waives all rights toclaim, indirect, punitive, incidental, and consequential damages and any otherdamages, other than for actual out-of-pocket expenses, and any and all rightsto have damages multiplied or otherwise increased.
- APPLICABLE LAW: All issues and questions concerning the construction,validity, interpretation, and enforceability of these Official Rules, or theparticipant and the Sponsor’s rights and obligations in connection with thePromotion, will be governed by, and construed in accordance with, the laws ofthe State of OREGON, without giving effect to any choice of law or conflict oflaws rules (whether of the State of OREGON or any other jurisdiction), thatwould cause the application of the laws of any jurisdiction other than theState of OREGON.
- OFFICIAL RULES AND NOTICE OF WINNER: The names of the winners of thePromotion prizes will be available upon request by submitting a written requestalong with a self-addressed, stamped, business-sized envelope to Brew Dr.Kombucha, LCC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232. Winnerslist requests must be received by April 5, [JW5] 2019
- PRIVACY: The Sponsor and the Sponsor’s agents, affiliates, subsidiaries,representatives, or service providers may use participants’ and/or referrals’personal information submitted with any Promotion Entry for purposes ofPromotion prize fulfillment and/or for future marketing by the Sponsor, such asto notify them of a product or promotion that the Sponsor thinks may be ofinterest. The Sponsor will not sell personal information submitted with anyPromotion Entry to outside solicitors. Recipients of any such marketing willhave the option to opt out of mailings at any time.
- PLACE OF TRANSFER OF PRIZE: The Promotion prize will be deemed to havebeen delivered to the Promotion winner at Portland, Oregon or from where suchPromotion prize is shipped upon the placement of the Promotion prize with thecarrier.
[JW1]I think this needs to have “earlierof” or is potentially confusing – if all of the prizes are never claimed, therewould never be an end date!
[JW2]Ryan, you will need to add theodds of winning to the rules. For thetexting contexts, the odds depended on the number of entries received, but inthis case, you will know the odds because the number of labels printed islimited.
[JW3]
[JW4]You need to break this out by typeof prize, in addition to “total odds of winning:.
[JW5]
