Official RulesEnter Now
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. NO CONSUMPTION OF ALCOHOL IS REQUIRED TO PARTICIPATE.
1. Eligibility: “Moosehead Ultimate Backyard Kitchen” Promotion (the “Promotion”) is open only to legal permanent residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry (the “Entrant”). Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who are employees, officers or agents of Moosehead Breweries LTD or Administrator (as defined below), their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors, or retailers of alcohol beverage products, and any other alcoholic beverage industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Promotion; or (d) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption), persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (a) through (c). Subject to all applicable federal, state, and local laws and regulations. Void outside of the fifty (50) United States, District of Columbia and wherever else prohibited by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: United States Beverage, LLC, 700 Canal Street Stamford, CT 06902-5950 Administrator: Nymble Agency, 5000 Crosswinds Dr., Wilmington, NC 28409.
3. Administrator: Nymble Agency, 5000 Crosswinds Dr., Wilmington, NC 28409.
4. Timing: The Promotion begins on July 1, 2021 at 12:00 AM Eastern Standard Time (“ET”) and ends on September 30, 2021 at 11:59 PM ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
6. Winning/Odds: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of the potential prize winner are final and binding in all matters related to the Promotion. On or about October 12, 2021, one (1) prize winner will be selected in a random drawing from among all eligible entries received during the Promotion Period. Odds of winning depend on the number of eligible entries received during the Promotion.
7. Prize Notification/Claim: Potential prize winner will be notified via email on or about five (5) days following the Promotion end date (the “Notification”). If the potential prize winner cannot be contacted or does not respond to the Notification, if he/she is otherwise ineligible as determined by the Sponsor or the Independent Administrator in their sole discretion, or if he/she refuses to accept the prize, then such potential prize winner will forfeit his/her right to the prize and the prize will not be awarded.
To become the prize winner, the potential prize winner must comply with these Official Rules, and upon Notification, must complete and return the Required Documents (as defined in the “PRIZE CLAIMS” section of these Official Rules) in order to claim the Grand Prize.
The awarding of the prizes is subject to verification by the Sponsor whose decisions are made based at their sole discretion. Sponsor’s interpretation of these Official Rules is final and binding in all respects.
8. Prize Claim: Except where prohibited, the potential prize winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) (if applicable) and any other documents required by Sponsor (collectively, the “Required Documents”) within three (3) days from receipt of Notification. If the potential prize winner fails to return the Required Documents within the time period required, or if the Notification is returned as undeliverable, such potential prize winner forfeits his/her right to the prize and the prize will not be awarded. If it is determined by the Sponsor or Independent Administrator, in its sole discretion, that the potential prize winner is not eligible or otherwise not in compliance with these Official Rules, the potential prize winner forfeits his/her right to the prize and an alternate prize winner will not be selected. In the event that the potential prize winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual.
9. Prizes One (1) prize winner will receive a $5,000 gift card. The Sponsor will determine the manufacturer of the gift card at the time of awarding the prize. Total approximate retail value (“ARV”) is $5,000.
Total ARV of all prizes is $5,000.
Prize is nontransferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Prize winner is responsible for all taxes and fees associated with the prize award, receipt and/or use.
10. Release: In exchange for the right to participate in the Promotion, the prize winner agrees to release and hold harmless Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Promotion or receipt or use or misuse of any prize. Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
11. Publicity: Except where prohibited, participation in the Promotion constitutes the prize winner’s consent to Sponsor’s and its agents’ use of the prize winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Promotion, the prize winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation. All Entrants understand and agree that any recourse or claim for damages based on Sponsor, Administrator, or their agents’ use of prize winner’s name, image, information or likeness in accordance with this paragraph is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, without notice, for any reason at Sponsor’s sole discretion, including in the event of any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately 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 seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering the Promotion and accepting a prize, the prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in the Promotion or prize-related activity. Prize winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify the prize winner if he/she violates the policies of these Official Rules; and, in such a case, the prize winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.
13. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, traffic congestion, or disconnections in phone lines or network hardware or software whether originating with Entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; (e) late, lost, undeliverable, misdirected, incomplete, incorrect, stolen entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse 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, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the number of prizes stated in these Official Rules be awarded.
14. Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion and/or accepting an awarded prize, each Entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in NEW YORK having jurisdiction. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased.
15. Winner List: For the name of the prize winner, send a self-addressed, stamped envelope by November 12, 2021 to “Moosehead Ultimate Backyard Kitchen” Promotion NYMBLE Agency Inc., 5000 Crosswinds Dr., Wilmington, NC 28409. Prize winner’s first name, last initial, city and state will be published in the winner’s list. Residents of Vermont may omit return postage. Requests will be fulfilled after all winners are verified.
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