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BREW DR. KOMBUCHA, LLC SWEEPSTAKES OFFICIAL RULES & PRIVACY POLICY

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

OPEN TO RESIDENTS OF FORTY-SEVEN (47) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY.  VOID IN NEW YORK, FLORIDA, RHODE ISLAND AND PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. SUMMARY OF THE PROMOTION: THIS BREW DR. KOMBUCHA, LLC SWEEPSTAKES (the “Promotion”) begins at 12:00:01 A.M. EST on Friday, February 15, 2019 and ends the earlier of when all Special Edition Blazers 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 is given at the Promotion location (the “Promotion Period”). 
  2. SPONSOR: The Promotion is sponsored by Brew Dr. Kombucha, LLC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232 (the “Sponsor”).
  3. 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 the Sponsor, which are final and binding in all matters related to the Promotion. Winning a prize is contingent on fulfilling all requirements set forth in these Official Rules and any other rules or decisions the Sponsor implements. The Sponsor reserves the right, at any time in its sole discretion, to verify the eligibility of the Promotion winner and to change these Official Rules or any of its decisions or other rules.
  4. ELIGIBILITY TO ENTER OR WIN: The Promotion is open only to legal residents of forty-seven United States (excluding Florida, New York, and Rhode Island) and the District of Columbia, who are at least eighteen (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 of their subsidiaries’ affiliates, representatives, consultants, contractors, legal counsel, and advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, or the immediate family members and persons living in the households of each of them are not eligible to enter or win the Promotion. All federal, state, and local laws and regulations apply.
  5. HOW TO ENTER:  A Special Edition Blazers Happiness Kombucha label acquired through the legitimate channels described in these Rules is required to enter the Promotion.  To enter the Promotion, you may purchase the Special Edition Blazers Happiness Kombucha and peel back the 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 Rules is not a legitimate channel and expressly prohibited.  Limited quantities of the Special Edition Blazers Happiness Kombucha labels are available
  6. ALTERNATE METHOD OF ENTRY: You may also enter the Promotion without purchase by sending a self-addressed envelope with your name, return address, phone number and email address, to Brew Dr. Kombucha, LLC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232. Upon receiving the envelope, Brew Dr. Kombucha will mail you a Special Edition Blazers Happiness label.  Limit one (1) entry per person per day during the Promotion Period via alternative method of entry. A mail-in entry must be hand-written. The entry must be received by Sponsor before the end of the Promotion Period. Any mail-in entry received after the dates listed for each market’s prize will not be eligible. Mechanically reproduced mail in entries will automatically be void.  Any mail entry that does not include information requested above will not be eligible. 
  7. LIMITS ON ENTRIES: Sponsor will issue a limited number of Special Edition Blazers Happiness Labels, which will only be available until distributed. The number of Special Edition Blazers Happiness Labels and prizes available will decrease throughout the Promotion Period as the Labels are distributed and the prizes claimed. 
  8. WINNER NOTIFICATION AND VERIFICATION: A PROMOTION PARTICIPANT IS NOT A WINNER OF THE PROMOTION PRIZE UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AS DESCRIBED BELOW.  WINNERS MUST REDEEM THEIR PRIZE AS FOLLOWS:
  9. If winning ticket is found, email goldensloth@brewdrkombucha.com and include the following information:
    1. SUBJECT LINE: The prize description outlined in the speech bubble
    1. EMAIL BODY: Include a photo of the winning ticket, 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 an Affidavit of Eligibility, Publicity Release and Liability Waiver, except where prohibited by law, within seven (7) days of the date notice or attempted notice is given, or the Promotion prize may be forfeited in the Sponsor’s sole discretion. If a potential Promotion winner cannot be reached or does not respond within seven (7) business days of notification, the applicable prize will be deemed forfeited and an alternate winner will be selected.  In the event any one or more potential winner(s) fails to respond as stated above, declines the prize, is found to be ineligible, does not comply with these Official Rules or fails to provide the signed Affidavit of Eligibility, Publicity Release and Liability Waiver, such winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate winner(s) from the remaining eligible entrants.  If any alternate similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability or obligation of any kind in connection with this Promotion.  The Sponsor’s decisions are final 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 as described 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 to the March 23, 2019 Portland Trailblazers game at the Moda Center in Portland, OR, and  one (1) one-night stay for two at Hotel Eastlund in Portland, OR.  ARV of each grand prize is $430.  The grand prize winner may bring a guest to each event listed above. Travel or transportation is not included as part of the prize. 

Ten (10) secondary winners will receive a case of Brew Dr. Kombucha, and a Brew Dr. Kombucha trucker hat.

The total ARV of all the prizes is $2,340.00

Each Promotion winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all transportation and federal, state and local taxes on the prize. Promotion 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 the prize.

No more than one (1) prize will be awarded per person.  Any portion of the prize not accepted or unclaimed and/or unused by the Promotion winner will be forfeited and will not be substituted.

  1. ODDS OF[JW2]  WINNING[JW3] : 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. Total odds of winning[JW4]  is 1 in 9207.
  2. PUBLICITY:  As a condition of entry and by accepting a prize, except where prohibited by law, each prize winner, grants to the Sponsor, and any of their parents, subsidiaries and affiliates, a perpetual, royalty-free license and right to publicize, broadcast, display and/or otherwise use the entrant’s and any prize winner’s name, city, state, and biographical material in any media now or hereafter known throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval. 
  3. PRIZE LIMIT; NO SUBSTITUTION; NON-TRANSFERRABLE: The right to receive a prize is non-assignable and non-transferable and no prize substitution or exchange or cash equivalent will be allowed except by the Sponsor, who reserves the right to substitute a prize (or portion of prize) in case of unavailability of a prize or force majeure. In the Sponsor’s sole discretion, some or all of the Promotion prize(s) may not be awarded. 
  4. TAXES: Every Promotion winner is solely responsible for any and all applicable federal, state, and local taxes (including, but not limited to, income and sales taxes) and all fees and expenses related to acceptance and uses of the Promotion prize.
  5. GENERAL CONDITIONS: This Promotion is governed by the laws of the United States. The 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 the Sponsor’s control that corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of the Promotion, the Sponsor may, 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 of these Official Rules.
  6. HEADINGS:  The Official Rules’ paragraph and section headings are for convenience and are not to be construed with the language of the paragraphs or sections themselves.
  7. 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, THE SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
  8. NO WAIVER: The Sponsor’s failure to enforce any term of these Official Rules is not a waiver of that term.
  9. LIMIT ON COMMUNICATION: Neither the Sponsor nor anyone acting on its behalf shall communicate with any participant regarding the Promotion, except as expressly set forth in these Official Rules.
  10. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS AGREE THAT THE SPONSOR, AND ITS 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.
  11. USE OF NAMES AND OTHER INFORMATION OF WINNER: EXCEPT WHERE PROHIBITED BY LAW, THE WINNER GRANTS TO THE SPONSOR (WHICH WINNER SHALL CONFIRM IN WRITING ON THE 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, THE WINNER’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 HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. PARTICIPANTS AGREE THAT THE SPONSOR WILL OWN THE PROMOTION ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT THE SPONSOR AND ITS DESIGNEES WILL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE PROMOTION ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS THE SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO PARTICIPANTS OR ANY THIRD PARTY.
  12. 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.
  13. DISPUTES: Except where prohibited, 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 entering 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.
  14. APPLICABLE LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the participant and the Sponsor’s rights and obligations in connection with 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.
  15. OFFICIAL RULES AND NOTICE OF WINNER: The names of the winners of the Promotion prizes will be available upon request by submitting a written request along with a self-addressed, stamped, business-sized envelope to Brew Dr. Kombucha, LCC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232. Winners list requests must be received by April 5, [JW5] 2019
  16. 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 of Promotion prize fulfillment and/or for future marketing by the Sponsor, such as to notify them of a product or promotion that the Sponsor thinks may be of interest. The Sponsor will not sell personal information submitted with any Promotion Entry to outside solicitors. Recipients of any such marketing will have the option to opt out of mailings at any time.
  17. PLACE OF TRANSFER OF PRIZE: The Promotion prize will be deemed to have been delivered to the Promotion winner at Portland, Oregon or from where such Promotion prize is shipped upon the placement of the Promotion prize with the carrier.

 [JW1]I think this needs to have “earlier of” or is potentially confusing – if all of the prizes are never claimed, there would never be an end date!

 [JW2]Ryan, you will need to add the odds of winning to the rules.  For the texting contexts, the odds depended on the number of entries received, but in this case, you will know the odds because the number of labels printed is limited.

 [JW3]

 [JW4]You need to break this out by type of prize, in addition to “total odds of winning:.

 [JW5]

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