DOGFISH #JANUQUENCHY SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Dogfish #JanuQuenchy Sweepstakes (the “Sweepstakes”) is sponsored and administered by Dogfish Head Craft Brewery LLC (“Sponsor”). For the purposes of the Sweepstakes, the “Sweepstakes Group” is composed of the Sponsor, together with its affiliates and related companies, including without limitation its parent, sister, and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Sweepstakes, and any other corporation, partnership, sole proprietorship, or other legal entity directly involved in the Sweepstakes and their respective officers, directors, employees, agents, and other representatives.
- 1. Sweepstakes Period. The Sweepstakes starts on January 1, 2019 at 12:01:00 AM Eastern Time (“ET”) and ends on January 31, 2019 at 11:59:00 PM ET (the “Sweepstakes Period”).
- 2. Eligibility. All participants must (a) be at least 21 years of age or older, at the time of entry; (b) possess a valid form of identification; and, (c) be a legal resident of one of the 50 United States or the District of Columbia. All applicable federal, national, state, and local laws and regulations apply. Void where prohibited, restricted or where Sweepstakes Group would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents, and representatives of Sweepstakes Group, each of its respective parent, affiliated, or related companies, agencies, suppliers of the materials and services related to this Sweepstakes, and members of any immediate families (defined as parents, siblings, children, and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives (collectively above, the “Eligibility Criteria”).
- 3. How to Enter. NO PURCHASE NECESSARY. Internet access required at your cost. An individual meeting the Eligibility Criteria may enter the Sweepstakes during the Sweepstakes Period as follows (each method an “Entry,” collectively, the “Entries”):
- (i) Enter by posting on Instagram (your “Social Account”): During the Sweepstakes Period, you can enter by uploading a photo to your Social Account that shows yourself enjoying a SeaQuench Ale beer before or after physical activity as part of Sponsor’s JanuQuenchy program (“Themed Photo”). Your Social Account must be unprotected or public in order for your Instagram posts to be viewable by Sweepstakes Group. Posting on Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
- To enter, during the Sweepstakes Period, follow @DogfishHead on Instagram, post a Themed Photo on Instagram, and include the hashtags #JanuQuenchy and #DogfishEntry in your post. Your post must include both hashtags at the beginning of your post to be valid.
- By entering you agree that the photo submitted as your Entry conforms to the following entry requirements and that your photo’s use by Sweepstakes Group will conform to such requirements. Sweepstakes Group may disqualify you or your photo Entry for failure to conform to the following:
Submission Guidelines and Restrictions:
- The Submission may not include a collage or carousel of images or video; only a single image is permitted;
- The Submission must meet format requirements of the Social Account used;
- The Submission must include a caption written in English; and
- The Submission, if using a Social Account, must include the hashtags #JanuQuenchy and #DogfishEntry at the beginning of your post.
Permissions: Entrant must have permission from any recognizable individuals who appear in the photo Entry to use their names and likenesses in the photo Entry and to grant the rights set forth herein. Minors may only be included in the photo Entry if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sweepstakes Group.
- The photo Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
- The photo Entry must not contain content created by a third party, such as images or artwork;
- The photo Entry must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited, non-exclusive, non-transferable license to use solely in his/her photo Entry in this Sweepstakes;
- The photo Entry must not disparage Sponsor or any other person or party;
- The photo Entry must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous, or libelous;
- The photo Entry must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- The photo Entry must not contain material that is unlawful or in violation of or contrary to the laws or regulations of any state where the photo Entry is created.
Sponsor's Use of photo Entries: Posting or uploading a photo Entry constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the photo Entry. Sponsor reserves the right to remove entries that violate the Submission Guidelines and Restrictions or for which a DMCA notice or other infringement claim is received.
- (ii) Mail-In Entry. During the Sweepstakes Period, send an email to firstname.lastname@example.org with the subject line “Dogfish #JanuQuenchy Sweepstakes” and include the following information: your first name, last name, mailing address, city, state, zip code, telephone number (including area code), email address, and year and date of birth (“Mail-In Entry”). Each Mail-In Entry must contain all requested information or the Mail-In Entry may be disqualified. All Mail-In Entries must be received during the Sweepstakes Period. Entries received after the Sweepstakes Period will not be considered.
By submitting an Entry, you confirm that you have read, understand, and agree to abide by these Official Sweepstakes Rules. Your Entry must adhere to the Eligibility Criteria listed above or your Entry will be void and ineligible for entry into the Sweepstakes. Limit: one (1) Entry per person per day of the Sweepstakes Period regardless of method of entry. Entry must be submitted by the entrant him or herself. Any attempt to exceed the maximum number of Entries per person is a violation of these Official Sweepstakes Rules and may result in disqualification. Use of automated devices is prohibited; automated Entries (including but not limited to Entries submitted using any robot, script, macro, or other automated service) are not permitted and may result in disqualification.
Incomplete, corrupted, garbled, misdirected, or otherwise illegible Entries, or Entries without contact information or without agreement to these Official Sweepstakes Rules are void and will not be accepted. Sweepstakes Group reserves the right to disqualify and remove false Entries or Entries suspected of being false. All Entries submitted become the sole property of Sweepstakes Group and will not be acknowledged or returned. All Entries must be received by Sweepstakes Group by the deadlines specified above.
- 4. Winner Selection. On or about January 4, 2018, January 11, 2018, January 18, 2018, and January 25, 2018 (the “Draw Dates”) in Milton, Delaware, a random draw will be conducted by Sweepstakes Group or its designee from all eligible Entries that are timely received to select one (1) Prize winner per Draw Date. See Prize Claim Conditions below. Odds of being selected as eligible to win a Prize in this Sweepstakes will depend on the total number of eligible Entries timely received in accordance with Section 3. Prizes will be awarded by random draw and there will be no geographically apportioned distribution of the Prizes.
- 5. Prize Claim Conditions. Entrants selected as potential winners (“Potential Winners”) are subject to verification of eligibility and compliance with these Official Sweepstakes Rules. Each Potential Winner will be notified by Sweepstakes Group within approximately forty-eight (48) hours of the Draw Date at the email account or Social Account used by Entrant to enter this Sweepstakes.
In order to be declared a winner, each Potential Winner may be required to:
- (i) complete and return to Sweepstakes Group (or its authorized agent) by the deadline specified in the documents a written affidavit of eligibility (or declaration and release) and publicity release form (collectively, the “Release”), releasing the Sweepstakes Group from any liability in connection with this Sweepstakes or the acceptance, possession, use, or misuse of any Prize; and
- (ii) complete all tax documentation required by the law of the jurisdiction in which the Potential Winner resides (“Tax Documentation”).
The Sweepstakes Group will attempt to notify each Potential Winner a maximum of two times. If a Potential Winner does not respond within three (3) calendar days of first attempt by Sweepstakes Group or its agent, Sweepstakes Group will make a second and final attempt to notify the Potential Winner. Return of any Prize or winner notification as undeliverable, inability to reach a Potential Winner, refusal of prize, or failure of a Potential Winner to respond to notification within three (3) calendar days of second attempt by Sweepstakes Group or its agent, failure to provide proof of eligibility (if requested), Release documents, Tax Documentation, or other required documentation in a timely manner, or other non-compliance with these Official Sweepstakes Rules may result in disqualification, forfeiture of the Prize, and, at Sweepstakes Group’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize at random from all remaining eligible Entries received, who will be subject to disqualification in the same manner.
- 6. Prizes. There will be four (4) Prize winners. Limit one (1) Prize per eligible entrant.
- (i) Prize. One limited edition SeaQuench Ale-themed baseball cap per winner, with an approximate retail value of $25.00.
Total Approximate Retail Value (“ARV”) of all prizes: $100.
ARVs are correct at date of publication of these Official Sweepstakes Rules, but may be subject to change. Any difference between the ARV and the actual value will not be paid to the winner.
The Prizes will be delivered only to verified winners. Prizes must be accepted as awarded and may not be substituted, transferred, or redeemed for cash or otherwise; except that the Sweepstakes Group reserves the right to substitute Prizes for a prize of approximately equal or greater monetary value, in cash or otherwise, at its sole discretion, if a Prize or any component of any Prize cannot be awarded for any reason. All Prize details including model, size, color, etc. will be determined by Sweepstakes Group in its sole discretion. Sweepstakes Group will not replace any lost or stolen prizes. To the extent permitted by law, Sweepstakes Group makes no representations or warranties with respect to any Prize. Winners will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of any Prize. Any person winning $600 or more worth of prizes from Sponsor in a calendar year will receive an IRS form 1099 after the end of the calendar year in which the prizes were awarded, and a copy of such form will be filed with the Internal Revenue Service (IRS).
- By accepting a Prize, each winner agrees to Sweepstakes Group’s use of his/her name, city/state of residence, picture, biographical information, statements, voice, and likeness in any advertising and publicity Sweepstakes Group may conduct relating to the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Sweepstakes winner information may be used by the Sweepstakes Group to communicate about the Sweepstakes to its retailers and distributors.
- 8. Right to Void / Terminate / Modify. Sweepstakes Group reserves the right to suspend or modify this Sweepstakes or these Official Sweepstakes Rules, in whole or in part, at any time and without notice or obligation if, in Sweepstakes Group’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Sweepstakes Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sweepstakes Group, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sweepstakes Group may, in its sole discretion, void any suspect Entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Sweepstakes Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
- 9. General Conditions. Winning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Sweepstakes Group, where permitted, and, in any event, none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified, or delayed will be void. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Sweepstakes Rules. Decisions of Sweepstakes Group will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws of all applicable jurisdictions. Sweepstakes Group reserves the right to correct any typographical, printing, computer programming, or operator errors. Sweepstakes Group’s failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Sweepstakes Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Sweepstakes Rules is determined to be invalid or otherwise unenforceable, then the Official Sweepstakes Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sweepstakes Group his/her prize or the cash value thereof. Sweepstakes Group reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes, and/or Sweepstakes websites or apps; violates the Official Sweepstakes Rules; or acts with intent to annoy, abuse, threaten, or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SWEEPSTAKES GROUP RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of the person who submitted any Entry, the authorized account holder of email account, Social Account, or mobile phone number used to submit the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the email account, Social Account, or mobile phone number used to enter. A Potential Winner may be required to show proof of being the authorized account holder.
- 10. Limitations of Liability and Releases. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SWEEPSTAKES GROUP HAS NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE SWEEPSTAKES GROUP HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION, OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE. SWEEPSTAKES GROUP IS NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS OR SOCIAL MEDIA MESSAGES, INCLUDING WITHOUT LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER. Without limiting the foregoing, the Sweepstakes Group and any of Sponsor’s other agencies, suppliers, or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstakes website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of submissions in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss, or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses, or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail or social media message to be received by or from the Sweepstakes Group for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical, or editorial errors or omissions contained herein.
- 12. Dispute Resolution. Except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved exclusively by the United States District Court for the District of Delaware; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Sweepstakes Rules or the rights and obligations of you and the Sweepstakes Group in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Delaware.
- 13. Official Sweepstakes Rules And Winners List. To obtain a copy of these Official Sweepstakes Rules or a winners list, please mail your request, together with a self-addressed, stamped envelope, to Dogfish Head Craft Brewery LLC, 6 Cannery Village Center, Milton, Delaware 19968. Requests must be received by March 1, 2019. DO NOT SEND ANY OTHER CORRESPONDENCE OR ENTRIES TO THIS ADDRESS.
- 14. Sponsor Contact Information. Dogfish Head Craft Brewery LLC, 6 Cannery Village Center, Milton, Delaware 19968. Email: email@example.com.