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 (49) UNITED STATES STATES AND THE DISTRICT OF COLUMBIA WHO WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY
VOID IN RHODE ISLAND 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 on Sunday, April 15, 2018 and ends at 11:59:59 P.M. EST on Tuesday, May 15, 2018 unless a later date is given 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 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.
- ELIGIBILITY TO ENTER OR WIN: The Promotion is open only to legal residents of forty-nine (49) United States (excluding Rhode Island) and the District of Columbia. 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.
- HOW TO ENTER: To enter the Promotion, text the word “MTNGAMES” to 797979. Entrants must follow the steps in order to confirm entry. All entrants must have a two-way text messaging capable handset in order to enter the Promotion. Entrants will be charged their text messaging rate for each text message sent or received through their handset according to the terms in their wireless calling plan. Text messaging and wireless service are not available in all areas.
- ALTERNATE METHOD OF ENTRY: You may enter the sweepstakes without purchase by mailing a postcard with your name, return address, phone number and email address, to Brew Dr. Kombucha, LLC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232. Limit one (1) entry per person (whether submitted as provided in Section 5 or by mail). A mail-in entry must be postmarked before the end of the Promotion Period, and received by Sponsor on or before the dates outlined in section 8. Any mail-in entry received after the dates listed for each market’s prize will not be eligible. Any mail entry that does not include information requested above will not be eligible.
- LIMITS ON ENTRIES: Entrants are allowed one entry into the contest. Regardless of entry method, participants must provide all required information to be eligible to enter to win a prize.
- 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. The winner will be chosen on the below date in 2018 as follows:
- One (1) grand prize winner and five (5) secondary winners chosen on May 22, 2018 for the GoPro Mountain Games held in Vail, CO. The mountain games are held June 7- 10.
Winners will be notified via phone, e-mail or postal mail at the Sponsor’s discretion. Text STOP to 797979 to opt out and to discontinue further participation in the Promotion. Message and data rates may apply.
To obtain a list of the names of the winners, mail a self-addressed, stamped business-sized envelope to: Brew Dr. Kombucha, LLC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232. Winners List requests must be received by May 22, 2018. 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. Odds of winning the Promotion prize depend on the total number of eligible entries received during the Promotion Period.
- PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
There are six (6) prizes available to be awarded. One (1) grand prize winner will receive (2) VIP GoPro Mountain Games Tickets, held in Vail, Colorado on June 7-10. VIP Passes are a 4-day pass. The grand prize winner will also receive a Brew Dr. Swag Bag which includes a case of kombucha, Brew Dr. apparel, and branded pint glasses. ARV of each grand prize is $500.
Travel to and from the event location is not included as part of the prize.
Five (5) secondary winners will receive a case of Brew Dr. Kombucha (ARV of each secondary prize is $40 each). The total ARV of all the prizes is $700.00
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.
- 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.
- 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.
- 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.
- 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. 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.
- 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.
- NO WAIVER: The Sponsor’s failure to enforce any term of these Official Rules is not a waiver of that term.
- 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.
- RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS AGREE THAT THE SPONSOR, AND 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, 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.
- 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, 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 state of OREGON or the appropriate OREGON State Court located in MULTNOMAH COUNTY; (2) any and all claims, judgment, and awards will be limited to 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.
- 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.
- OFFICIAL RULES AND NOTICE OF WINNER: The names of the winners of the Promotion prizes will be available upon request by submitting request to Brew Dr. Kombucha, LCC, 2222 NE Oregon Street, Suite 109, Portland, OR 97232.
- 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.
- 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.