OFFICIAL RULES – Friday Beers New York Sweepstakes
HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Friday Beers Sweepstakes (the "Promotion"). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins at 12:00am EST on April 26, 2024, and ends at 11:59pm EST on May 3, 2024 (the "Promotion Period"). Throughout the Promotion Period, you may enter the Promotion by following @drink.friday.beers on Instagram, liking the designated post, and tagging two (2) friends who are over 21 as of April 26, 2024 on the designated post to receive one (1) entry. Alternatively, you may receive one (1) entry by sending an email to beers@fridaybeers.com with the subject line "BEER ENTRY 2024" and your full legal name, age, state of residence, and Instagram username in the body of the email before the close of the Promotion Period (the "AMOE"). Online entry is the only method of entry. All referenced links throughout the Official Rules are embedded directly in the accompanying text. Incomplete, false or deceptive entries are void. Winner will be picked and announced on the @drink.friday.beers Instagram account per the timetable in Section 4. Sponsor's computer will serve as the official time keeping device for this Promotion.
SPONSOR: Almost Friday Beers, LLC, 1350 Abbott Kinney Blvd., Venice, California 90291.
ELIGIBILITY: The Promotion is open to legal residents of the United States and the District of Columbia (excluding Florida, Arizona, Maryland, and Montana) who are at least 21 as of April 26, 2024. Employees of Sponsor and any of its advertising and promotional agencies, any other entities participating in the design, marketing, administration or fulfillment of this Promotion, and any person affiliated with the alcoholic beverage industry, including but not limited to retailers of alcohol products, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively with Sponsor, the "Promotion Entities"), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.
SELECTING THE WINNERS AND NOTIFICATION: The potential prize winners will be selected by random drawing after compiling all eligible entrants from the Promotion Period (each an "Entrant" and collectively the "Entrants"). Sponsor, whose decision is final and binding in all respects, will contact each selected Entrant through direct message or comment to the Entrant's corresponding Instagram account ("Notice") on or after May 4, 2024 ("Potential Prize Winner"). Odds of winning the Prizes depend on the number of eligible entries received from Entrants during the Promotion Period. Failure of Potential Prize Winner to respond to such notification within 24 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected ("Alternate Potential Winner"). Alternate Potential Winner shall be contacted via Notice as soon as practicable and shall also have 24 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S AND ANY APPLICABLE PLUS ONES' ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE ("Winner").
General Conditions; License. Except where prohibited by law, by entering the Promotion or agreeing to accept a Prize or accepting a Prize, each Entrant, on behalf of itself and its respective Plus One, hereby irrevocably and exclusively grants to the Promotion Entities, and their licensees, affiliates, and assigns (collectively, the "Licensed Parties"), an irrevocable, royalty-free and fully paid up right and license (but not obligation) to use the Entrant and Plus Ones' content in connection with the Promotion, including but not limited to, the entries and content featuring or utilizing any Prize, as well as each's name, social media handles, photograph, likeness, statements, voice, and biographical information therein or thereto (collectively, the "Materials"), throughout the universe, in perpetuity in any and all media, whether now or hereafter known or devised, for any and all purposes, including but not limited to commercial or advertising purposes, without review, credit, permission, or further compensation or consideration. Without limitation, each Entrant and Plus One (hereby "Entrant" for all purposes hereafter) understands and agrees that the rights granted herein include reproduction and/or exploitation of the Materials or derivatives thereto, in whole or in part, in any media throughout the world, in perpetuity and throughout the universe as may be conferred upon the Licensed Parties under all applicable laws, regulations, or directives. Entrant hereby irrevocably waives all so-called "moral rights of authors" and "droit moral" rights (and any similar rights under the laws of any country of the world) in connection with the Materials and exploitation of any nature.
PRIZES AND TAXES: There will be three (3) total Winners selected- one (1) Winner will receive $15,000 USD by ACH or other method designated by Sponsor (the "Cash"); one (1) Winner will receive a $3,000 USD bar tab to the bar of their choice, which must be used in one visit with no remainder allotted and gratuity for staff must be accounted for within the $3,000 USD (the "Bar Tab"); and one (1) Winner will receive a $1,000 USD credit to Chili's Grill & Bar, which must be used in one visit with no remainder allotted and gratuity for staff must be accounted for within the $1,000 USD (the "Chili's Credit"). The Cash, Bar Tab, and Chili's Credit are each hereafter also a "Prize," and collectively, the "Prizes." The total estimated retail value of all Prizes is $19,000 USD. Winner may not substitute, assign, or transfer Prizes or redeem the Bar Tab or Chili's Credit for cash. Sponsor reserves the right, in its sole discretion, to substitute a Prize, or portion thereof, with one of comparable or greater value. Limit 1 Prize per family or household. Additional restrictions may apply.
Any applicable federal, state, and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of each Winner and any Plus Ones. Each Winner and Plus One shall provide, upon Sponsor's request, all available information that Sponsor may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Each Winner and Plus One acknowledges that Sponsor will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099. Notwithstanding the foregoing, Sponsor may, but is not obligated to use good faith efforts to estimate any domestic tax implications for the Winner in connection with its receipt of a corresponding Prize and will use good faith efforts to provide additional compensation to offset such taxes for such Prizes as Sponsor determines in its sole discretion.
RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that your publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless the Licensed Parties, any third party platforms utilized in connection with the Promotion, including but not limited to Instagram, Meta (formerly Facebook), YouTube, and X (formerly Twitter), Matt Brewing Co. Inc., and each of their respective officers, directors, employees, representatives and agents (collectively, the "Released Parties") from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. Sponsor may rescind any aspect of the Promotion found to contain such errors without liability at its sole discretion.
ALL PRIZES ARE AWARDED "AS IS" WITH NO WARRANTY OR GUARANTEE OF ANY KIND. THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
LIMITATION OF LIABILITY: The Released Parties are not responsible for: (i) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (ii) technical failures of any kinds; (iii) failures of any of the equipment or programming associated with or utilized in the Promotion; (iv) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (v) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant's participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Promotion. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select Potential Prize Winners from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable.
To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE/THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, in a county in Los Angeles designated by Sponsor. The arbitrator shall be an expert in the field of intellectual property law and marketing. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
PRIVACY POLICY AND TERMS OF USE: By entering this Promotion, you are giving your permission to receive Notices, emails, and other communications from Sponsor. By entering this Promotion, you acknowledge and agree that: (i) you have opted-in to Sponsor's Terms of Use and Privacy Policy, copies which are available here and here, respectively; and (b) by opting-in, you have read and consent to the foregoing. Each Entrant further acknowledges that if he/she/they is chosen as a winner, certain of his/her/their identifying information may be disclosed to third parties as required by law, including, without limitation, on a winners' list.
NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with any social media platform, including but not limited to, YouTube, Instagram, Facebook, Twitter, and TikTok, or any third-party restaurant or bar utilized in the administration of Prizes.
RULES/WINNERS LIST: For 30 days after the Promotion Period, you may also send an email to beers@fridaybeers.com for the names of the Winners. In the subject of the email, type "Friday Beers Sweepstakes- 2024 Winners' List." No correspondence will be entered into except as noted herein.
