BREW DR. KOMBUCHA, LLC SECRET SLOTH GIVEAWAY SWEEPSTAKES
NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
- SUMMARY OF THE PROMOTION: THIS BREW DR. KOMBUCHA, LLC SECRET SLOTH GIVEAWAY SWEEPSTAKES (the “Promotion”) begins at 12:00:01 A.M. Pacific Prevailing Time (“PPT”) on Friday, February 15, 2019 and ends on the earlier of (i) the date on which all prizes have been claimed or (ii) at 11:59:59 P.M. PPT on Friday, March 15, 2019 (the “Promotion Period”).
- SPONSOR: The Promotion is sponsored solely by Brew Dr. Kombucha, LLC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232 (the “Sponsor”). This Promotion is in no way sponsored or administered by the Portland Trail Blazers, Trail Blazers Inc., Rip City Management LLC, the National Basketball Association or its Member Teams, NBA Media Ventures, LLC, NBA Properties, Inc., nor any of their respective parents, affiliates, subsidiaries, distributors, advertising or promotion agencies, officers, directors, shareholders, employees, agents or representatives (collectively the “NBA Entities”). Any questions, comments or complaints regarding this Promotion must be directed to Sponsor and not to any of the NBA Entities.
- AGREEMENT TO OFFICIAL RULES: By participating in the Promotion, each participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding in all matters. Winning a prize is contingent on verification and confirmation of eligibility and fulfillment of all requirements set forth in these Official Rules, including but not limited to, providing the original winning label and all other information and/or documentation requested by Sponsor. Sponsor reserves the right, at any time in its sole discretion, to change these Official Rules or any of its decisions.
- ELIGIBILITY: Participation in the Promotion is open to legal US residents who reside in the state of Oregon or Western Washington who are 18 years of age or older as of the date such person submits a winning ticket to be verified and confirmed in order to claim a prize. Employees of Sponsor, the NBA Entities, and each of their respective franchisees, subsidiaries, distributors, affiliates, promotion and advertising agencies, and members of their immediate families (spouses and parents, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to win. If a Promotion winner is under the age of eighteen (18) (a “Minor”) on the date such winner submits a winning ticket to claim a prize, then the Minor’s parent or legal guardian will be required to claim the prize on such Minor’s behalf, including providing Sponsor with all required documentation related to acceptance of the prize, and if applicable based on the age of such Minor, use of the prize or any portion thereof, as determined by Sponsor in its sole discretion.
- HOW TO PARTICIPATE IN THE PROMOTION: Only the Special Edition Blazers Happiness Kombucha drink label (each a “Promotion Label”) acquired through the legitimate channels as described in these Official Rules will be eligible for participation in the Promotion.
Purchase Method of Participation: You may purchase the Special Edition Blazers Happiness Kombucha at applicable retail locations and peel back the Promotion Label to see if you have won. Obtaining a Special Edition Blazers Happiness Kombucha label via online auction or any other method not described in these Official Rules is not a legitimate channel and is expressly prohibited. Limited quantities of the Special Edition Blazers Happiness Kombucha and/or Promotion Labels will be available during the Promotion Period. To locate a retail location near you please go to the following website: https://www.brewdrkombucha.com/buy-kombucha/.
Non-Purchase Method of Participation: You may also participate in the Promotion without a purchase by sending a postage pre-paid envelope which contains your contact information and a self-addressed, stamped business-sized return envelope to: “Brew Dr. Secret Sloth Sweepstakes Label Request,” Brew Dr. Kombucha, LLC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232 (referred to herein as the “Mail-In Method”). Mail-In Method requests for a Promotion Label must be hand-written; no mechanical requests will be accepted or fulfilled. Upon receiving the request (including required information and stamped return envelope), Sponsor will mail you one (1) Promotion Label. Limited quantities of Mail-In Method Promotion Labels are available; one (1) Mail-In Method request per person during the Promotion Period. Sponsor will not acknowledge Mail-In Method requests or provide notice when the Mail-In Method label quantities are exhausted. Due to the timeframe for award and use of the prizes, all Mail-In Method requests must be hand-written and must be received by Sponsor no later than close of business on March 7, 2019 to be eligible for participation. Any Mail-In Method request that does not include required information or a stamped return envelope will be ineligible for participation. Sponsor reserves the right to open any remaining Promotion Labels which were reserved for the Mail-In Method to determine if any of such labels are a winning ticket, and if any of such labels are winning labels Sponsor shall not be required to award or attempt to award the respective prize.
- LIMITS ON PROMOTION LABELS: Sponsor will issue a limited number of Special Edition Blazers Happiness Promotion Labels. The number of available winning Special Edition Blazers Happiness Promotion Labels and respective prizes will decrease during the Promotion Period as the winning labels are revealed and the respective prize is claimed.
- WINNER NOTIFICATION AND VERIFICATION: A PROMOTION PARTICIPANT IS NOT A WINNER OF A PRIZE UNTIL VERIFICATION OF THE ORIGINAL WINNING TICKET AND SUCH PARTICIPANT’S ELIGIBILITY HAS BEEN CONFIRMED, AND ALL REQUIRED DOCUMENTS HAVE BEEN COMPLETED AND CONFIRMED BY SPONSOR AS PROVIDED BELOW. EACH WINNER MUST REDEEM THEIR WINNING TICKET TO CLAIM A PRIZE AS FOLLOWS:
- If you uncover an original winning ticket on a Promotion Label, send an email to: email@example.com, and provide all of the following information:
- On the subject line include “I FOUND A GOLDEN TICKET!”; and
- In the email body provide your full name, mailing address, email address, and phone number.
- After receipt of the potential winner’s email above, including all required information, a Sponsor representative will respond and/or contact you to provide instructions for redemption of your winning label for verification and confirmation in order for you to claim your respective prize.
- Each potential Promotion winner will be required to sign, and return an Affidavit of Eligibility, Publicity Release and Liability Waiver, except as prohibited by law, including the original winning Promotion Label, within three (3) business days of the receipt of such document(s), or the respective Promotion prize may be forfeited in Sponsor’s sole discretion. If a potential Promotion winner cannot be contacted within three (3) business days of receipt of the above email, such potential winner’s email will be deemed invalid. In the event any potential winner fails to respond as stated above, declines the prize, is found to be ineligible, is not in compliance with any portion of these Official Rules or fails to provide the original winning Promotion Label or Affidavit of Eligibility, Publicity Release and Liability Waiver, such potential winner will be deemed to forfeit the prize and Sponsor will have the right to not award the respective prize. Due to the short timeframe for award of the Grand Prizes below, all responses and required documentation, including the original winning Promotion Label, must be completed and provided to Sponsor no later than close of business on March 20, 2019, or the respective Grand Prize may be forfeited in Sponsor’s sole discretion. Sponsor’s decisions are final and legally binding on all matters relating to the Promotion.
- PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): There are a total of four (4) Grand Prizes and a total of ten (10) Secondary Prizes available to be awarded in this Promotion. As provided in these Official Rules, some or all of the Promotion prize(s) may not be awarded.
Grand Prizes: After confirmation of eligibility and verification, each Grand Prize winner will receive the following: one (1) tour of the Brew Dr. Kombucha brewery (to be schedule at Sponsor’s discretion); two (2) cases of Brew Dr. Kombucha (exact flavor to be determined at Sponsor’s discretion); two (2) Brew Dr. hats; two (2) Club Level tickets (one for winner and such winner’s guest) for the March 23, 2019 Portland Trail Blazers home game against the Detroit Pistons, scheduled to begin at 7:00 PM PPT at the Moda Center in Portland, OR, including attendance at the pre-game shoot around, with each ticket to include a $30 credit to be used for food, beverages and/or merchandise within the Moda Center on game night; and a one (1) night stay for two (double-occupancy; standard room) at the Hotel Eastlund in Portland, OR on game night. Exact seat locations for each pair of tickets to be determined by Sponsor in its reasonable discretion at time prize is awarded to each respective Grand Prize winner. Total ARV of each Grand Prize package is $430. Actual ARV of each Grand Prize may vary at the time of award based on the then-current market value for the game tickets and seat location, and the location and type of hotel room.
Any guest of a Grand Prize winner who is not 18 years of age on the date of the respective game shall require that such winner be the parent/legal guardian of the minor guest, unless prior written consent of such minor guest’s parent/legal guardian has been provided, as may be confirmed by Sponsor. Sponsor reserves the right to exclude any Grand Prize winner and his/her guest who is not in compliance with the foregoing requirement, including providing a copy of the written consent if applicable. Grand Prizes exclude transportation, parking, food, beverages and all other incidental expenses associated with acceptance and use of such prize, or any portion thereof, except as specifically stated above. Guest of a Grand Prize winner will not have any independent rights to the prize or any portion thereof and such guest must accompany winner at all times during use of the prize. A violation of any of the foregoing restrictions shall revoke such winner’s license, and the prize may not be honored. Each Grand Prize winner and his/her guest agree to abide by all rules and policies of the NBA and the Moda Center. Sponsors and management personnel of the Moda Center reserve the right to remove or to deny entry to any Grand Prize winner and/or his/her guest if any such person violates any policy, rule or engages in a disruptive manner, or with intent to abuse, threaten or harass any other person during any part of the experience.
Secondary Prizes: After confirmation of eligibility and verification, each Secondary Prize winner will receive the following: one (1) case of Brew Dr. Kombucha (exact flavor to be determined in Sponsor’s discretion) and one (1) Brew Dr. Kombucha trucker hat. Total ARV of Secondary Prize package is $60.
No more than one (1) prize will be awarded per person or household. Any portion of the prize not accepted or unclaimed and/or unused by the respective winner will be forfeited and will not be substituted. Prizes have no cash value. Any difference between the stated ARV and the actual retail value at time of the award of any prize will not be awarded. The odds of winning a prize will depend on the number of eligible entries received during the Entry Period. No substitutions allowed, except that prizes are subject to availability and Sponsors reserve the right to substitute a prize of equal or greater value. Specific details of each prize and/or any portion thereof will be determined in Sponsors’ sole discretion. Each winner agrees that the prize and/or any portion thereof they have been awarded is personal to such winner and may not be sold, resold, auctioned, bartered, assigned exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Violation of any of the foregoing restrictions shall revoke such winner’s license, and the prize will not be honored.
Each prize winner, and if applicable such winner’s guest, is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with participation in the Promotion, accepting any prize award, redemption, receipt and use, including, without limitation, all transportation and federal, state and local taxes on the applicable prize, if any. Prize winners will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or 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 and/or use the prize or any portion thereof.
- ODDS OF WINNING: Odds of winning one (1) of four (4) grand prizes is 1 in 32,223. Odds of one (1) of ten (10) secondary prizes is 1 in 12,890. Actual odds may vary based on loss or damage to products containing a winning Promotion Label, lost, misdirected or unreceived Mail-In Methods, and other factors out of Sponsor’s reasonable control which may affect the number of winning Promotion Labels available at retail locations, as well as participants who fail to fulfill the requirements for redemption of a winning Promotion Label for any reason.
- GENERAL CONDITIONS: Sponsor reserves the right, in its sole discretion, to change the dates 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, including due to infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Sponsor’s control that corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor may, in its sole discretion, void any suspect Promotion related labels 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 of these Official Rules and the intents of the Promotion.
- HEADINGS: The paragraph and section headings of these Official Rules are for convenience and are not to be construed with the language of the paragraphs or sections themselves.
- WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON OR ENTITY TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
- NO WAIVER: Sponsor’s failure to enforce any term of these Official Rules is not a waiver of that term.
- LIMIT ON COMMUNICATION: Neither Sponsor nor anyone acting on its behalf shall communicate with any participant regarding the Promotion, except as expressly set forth in these Official Rules.
- RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS AGREE THAT SPONSOR, THE NBA ENTITIES, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, DIVISIONS, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLICATIONS, PROMOTIONAL, FULFILLMENT, AND MARKETING AGENCIES, WEB SITE PROVIDERS, WEB MASTERS AND ADMINISTRATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY, PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE 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; PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY; ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY; OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PROMOTION PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
- USE OF NAMES AND OTHER INFORMATION OF WINNER: EXCEPT WHERE PROHIBITED BY LAW, EACH PARTICIPANT GRANTS TO SPONSOR (SUCH WINNER SHALL CONFIRM IN WRITING ON SPONSOR’S REQUEST), ITS PARENTS, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT 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, SUCH PARTICIPANT’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, AND BIOGRAPHICAL INFORMATION (INCLUDING, WITHOUT LIMITATION, HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF ANY SUCH INFORMATION ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. PARTICIPANTS AGREE THAT SPONSOR WILL OWN THE PROMOTION RELATED DOCUMENTS, INCLUDING REQUESTS FOR LABELS, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES WILL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE MATERIALS IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO PARTICIPANTS OR ANY THIRD PARTY.
- NO WARRANTY: WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITES AND THE PROMOTION PRIZE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- DISPUTES: Except where prohibited, each participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion or any Promotion prize awarded will be resolved individually, without resort to any form of class, consolidated, or joined action, and exclusively by the United States District Court for the District of Oregon or the appropriate Oregon State Court located in Multnomah County; (2) any and all claims, judgment, and awards will be limited to participant’s actual out-of-pocket costs incurred, including costs associated with participating in the Promotion, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, 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.
- APPLICABLE LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or any participant or winner, and Sponsor’s rights and obligations in connection with the Promotion and the prizes provided related to the Promotion, will be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of laws rules (whether of the State of Oregon or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Oregon.
- OFFICIAL RULES AND NOTICE OF WINNER: If you have any questions regarding these Official Rules, the Sweepstakes, or for the names of the winners (available after March 23, 2019), please submit your specific question or request for list of winners in writing, postage pre-paid, including a self-addressed, stamped business-sized envelope addressed as follows: Secret Sloth Sweepstakes Questions/Winners, Brew Dr. Kombucha, LLC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232. All questions must be received by end of business on March 8, 2019.
- PRIVACY: Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives, or service providers may use prize winner’s personal information for purposes of Promotion prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Recipients of any such marketing by Sponsor will have the option to opt out of mailings at any time. Sponsor will not sell personal information to outside solicitors.