Official Rules Pickathon Sweepstakes
BREW DR. KOMBUCHA SWEEPSTAKES
Important: Please read these Official Rules before entering this Sweepstakes
By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Sweepstakes void where prohibited by law. Subject to applicable federal, state, and local laws.
The Sweepstakes is open only to legal residents of the states of Oregon and
Washington who are at least 18 years old at the time of entry. Directors, officers, members, managers, and employees
of Brew Dr. Kombucha, LLC (“Sponsor”)
and any of its parent companies, affiliate companies, subsidiaries, agents,
professional advisors, advertising, promotional, public relations, and
fulfillment agencies, consultants, legal counsel, website providers, web
masters, and immediate family members (spouses, parent, child, sibling,
grandparent, and “step” child, wherever they may live) of each are not eligible
to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER
ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A
PRIZE. To be eligible to win a prize, entries must be completed and received by
Sponsor in the manner and format designated below.
- Sweepstakes Period: 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 the Sweepstakes Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Sweepstakes.
- How to Enter: To enter, during the Sweepstakes Period visit https://promosimple.com/ps/e7be/pickathon-ticket-giveaway and follow the instructions to enter the Sweepstakes, including by providing all required information to complete and submit the online entry form. Upon completion of all required entry steps, you will receive one entry into the Sweepstakes.
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 in disqualification.
If participating in this Sweepstakes via your mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
- Identity of
Entrant: All entries must be submitted by the individual entrant. Bulk or
automated entries will be disqualified (including entries made using any
script, macro, bot, or promotional service). Multiple participants are not
permitted to share the same email account. Any attempt to obtain additional
entries through fraud or other illegitimate means will result in
disqualification, at Sponsor’s discretion.
If there is a dispute about the identity of the entrant, entries will be
declared made by the authorized account holder of the email address submitted
with the entry. An “authorized account holder” means the natural person who is
assigned to an e-mail address by an Internet access provider, online service
provider or other organization (e.g., business, educational institution, etc.)
that is responsible for assigning e-mail addresses for the domain associated
with the submitted e-mail address. A potential winner may be required to
provide Sponsor with proof that a potential winner is the authorized account
holder of the account associated with the winning entry.
- Selection and Notification of Winner: On or about July 22, 2019, Sponsor will select the names of one potential Grand Prize winner and three potential Runner Up Prize winners in a random drawing from among all eligible entries at Sponsor’s headquarters as listed in Section 14 below. The odds of winning depend on the number of eligible entries received. Each potential winner will be notified via email on or about July 24, 2019. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within 48 hours of being notified, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within 48 hours, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Only two alternate drawings will be held for each prize, after which the remaining prizes will not be awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
- [PC1] rize: The following prizes will be awarded:
Grand Prize: One Grand Prize winner will receive two adult weekend tickets (general admission passes) to the 21st annual Pickathon Festival 2019 held at Pendarvis Farm, 16581 SE Hagen Rd, Happy Valley, Oregon 97086, from August 2 to 4, 2019. Tent camping in the woods at Pendarvis Farm is included with the tickets (camping spots are first come first served). Approximate Retail Value (“ARV”) of each ticket: $325.
Runner-Up Prizes: Three Runner-Up Prize winners will each 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: $15 each bag).
Total ARV of all prizes: $747. All prizes are subject to the terms and conditions of use as indicated thereon; additional requirements/conditions of concert and camping venues may also apply. For the avoidance of doubt, all winners are solely responsible for travel to and from all venues and parking at all venues.
Prize Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT 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 right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes.
Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, any implied warranty of merchantability or fitness for a particular purpose).
Sponsor, Instagram Inc., and any of their respective parent companies,
subsidiaries, affiliates, directors, officers, professional advisors,
consultants, contractors, legal counsel, public relations firms, employees and
advertising, fulfillment and marketing agencies (collectively, the “Released
Parties”) 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 or
communications-related malfunctions or failures beyond Sponsor or the Released
Parties’ reasonable control; (c) any Sweepstakes disruptions, injuries, losses
or damages caused by events beyond the reasonable control of Sponsor or the
Released Parties by non-authorized human intervention; or (d) any printing or
typographical errors in any materials associated with the Sweepstakes.
- Limitations of Liability; Releases: By entering the Sweepstakes, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any 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 of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS RENTED FROM THE SPONSOR, OR FOR THE 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 [firstname.lastname@example.org] 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.
Property Notice: BREW DR KOMBUCHA is a trademark of Brew Dr. Kombucha. The
Sweepstakes 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 OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE [DISTRICT OF OREGON] OR THE APPROPRIATE STATE COURT LOCATED IN [MULTNOMAH COUNTY, OREGON]. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
- General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Sweepstakes or any entrant’s participation in the Sweepstakes should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s reasonable control affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (in its discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
[PC1]Perkins Note: If the prize value is $600 or greater, the Sponsor must file a Form 1099 with the IRS and provide the winner a copy of the Form 1099. To collect the necessary information to complete this form, request the winner to fill out a Form W-9 and provide the completed Form W-9 to the Sponsor’s accounting/finance department.