Founders Brewing Company All Day Getaway Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ALCOHOLIC BEVERAGE IS NOT REQUIRED TO PARTICIPATE NOR WILL IT INCREASE YOUR CHANCES OF WINNING. NO ENTRY FEE. BY ENTERING THIS PROMOTION, YOU ACCEPT AND AGREE TO THESE OFFICIAL RULES AND AGREE TO BE BOUND THEREBY.
This All Day Getaway contest (“Promotion”) is a contest of skill sponsored by Canal Street Brewing Co., L.L.C., d/b/a Founders Brewing Company (“Founders”) in which Entrants submit a photograph of an outdoor experience that they have had with an All Day IPA, All Day IPA gear or a downloadable All Day IPA graphic, (which graphic Entrants can download for free from our website www.sessionboldly.com). The Promotion is open to legal U.S. residents who are at least 21 years old at the time of entry. The Promotion is void in states in which participation is otherwise limited or qualified.
- PROMOTION: The entry period for the Promotion begins at 12:00 a.m. EST on May 1, 2017 and ends at 11:59 p.m. EST on May 31, 2017 (the “Promotion Entry Period”). Entries received during the Promotion Entry Period will be evaluated by Founders based on the criteria outlined below between 12:00 a.m. EST on June 1, 2017 and 11:59 EST on June 6, 2017. Ten (10) Entries determined by Founders, in its sole discretion, applying the criteria set forth in these Official Rules, to be the best will be placed into a group of ten (10) finalists (collectively, “Finalists”). All Finalist Entries may be featured on Founders’ websites, print advertising and electronic and social media and advertising channels and then a Winner will be selected by public vote. Public voting will begin at 9:00 a.m. EST on June 7, 2017 and end at 11:59 P.M. EST June 14, 2017 (the “Public Voting Period”). On or about June 15, 2017 Founders and the Administrator will tally the public votes and determine the Winners of the Promotion, and the prize(s) will be awarded in accordance with these Official Rules.
- BINDING AGREEMENT: By submitting an Entry for the Promotion, You are agreeing to these Official Rules and, as such, please read these Official Rules prior to submitting an Entry to ensure You understand and agree. These Official Rules form a binding legal agreement between You and Founders with respect to the Promotion and by participating in this Promotion by submitting an Entry, You fully and unconditionally agree to these Official Rules.
- ELIGIBILITY:The Promotion is open only to U.S. residents (other than residents of RI, AL and any other states in which participation is otherwise restricted, limited or qualified) who are, as of the date of entry, 21 years of age or older and have internet access and who abide by and adhere to all of the Official Rules. Persons in the following categories are not eligible to participate or win a prize: (a) Employees, Officers and Directors of Founders, Administrator, their affiliates, subsidiaries, representatives, advertising, promotion, fulfillment and publicity agencies; (b) Corporate Officers and Directors, Members and Managers of limited liability companies, and Partners in general or limited partnerships who hold alcoholic beverage licenses or permits to engage in the production, importation, or wholesale or retail sales of alcoholic beverage products and employees and representatives of such entities; (c) Employees of beverage alcohol regulatory agencies; (d) Members of the immediate family (parents, children, siblings, spouses) wherever they may live or members of the same household (whether related or not) of any person in the preceding categories. The Promotion is subject to all applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by national, state, municipal, provincial or any other government laws.
- HOW TO ENTER: Each eligible entrant (“Entrant” or “You”) must take (or have taken previously) an original photo of an outdoor experience involving All Day IPA, All Day IPA gear or an All Day IPA sign, which Entrants can download for free from our websitesessionboldly.com (each, a “Session Boldly Photo”). The Session Boldly Photo must comply with the additional requirements and limitations in these Official Rules. To enter the Promotion, You (1) must submit your Session Boldly Photo online by either (a) uploading it on Instagram (along with the hashtag #alldaygetawaycontest) or (b) uploading it directly on sessionboldly.com, and (2) must complete a contest entry form (each such Session Boldly Photo and entry form are collectively referred to as an “Entry”). You must be a registered user of Instagram and follow Founders in order to enter the contest by Instagram. Instagram registration is free and can be obtained by logging on to instagram.com and following the online instructions to open an account. Please note that if you enter by Instagram, your profile and photo settings must be set to “unprotected” and/or “public” in order for your post to be viewable by Founders and its agents. The Entry form will require the following information of an Entrant:
- Instagram handle (if You are an Instagram user)
- Identity of any person in the Session Boldly Photo
You may only submit one (1) Entry. Any additional Entries submitted by You after Your first Entry will be null and void. All Entries must be received and recorded during the Promotion Entry Period. No other form of entry is valid.
If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges.
If an Entry contains additional people other than only the Entrant, please note that the one (1) person submitting the Entry under their email address and/or Instagram account, will be considered the Entrant and only the Entrant is eligible to win a prize. No other person in the Entry is eligible to receive a prize. Neither Founders nor its agents are liable for any disputes arising from or related to the Promotion in this regard. If the Session Boldly Photo contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the Entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If the Session Boldly Photo includes other people, You must be prepared to provide a signed written personal release from all persons who appear in the Session Boldly Photo submitted, authorizing use of the Session Boldly Photo as provided below in Sections 5, 8 and 9. If you are unable to provide a personal release, upon request by Founders and in the form provided by Founders, then Your Entry may be disqualified. You do not need to send the release with Your Entry. If You are selected as a Winner, Founders will contact You if a release is needed.
By providing Your email address, You grant Founders the right to send You promotional and/or marketing messages. You may opt out of receiving further Founders promotional and/or marketing messages at any time by following the unsubscribe instructions in any email message. Entrants may not participate with multiple email addresses or under multiple identities, nor may Entrants use any device or artifice to enter more than once during the Promotion Entry Period or to enter as multiple Entrants. Any Entrant who attempts to enter with multiple email addresses, under multiple identities or uses any other device or artifice to enter multiple times or under multiple identities will be disqualified from participation in the Promotion and all Entries submitted by that Entrant will be void. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to the email address by the internet service provider that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be requested to provide Founders with proof that he or she meets the eligibility requirements for the Promotion and/or is the authorized account holder of the email address associated with a winning Entry. Founders reserves the right to verify the eligibility of each Entrant; if an Entrant is found to be ineligible to enter or otherwise participate in the Promotion his/her Entry will be considered invalid. Online entries must be received by the end of the Promotion Entry Period. Founders’ computer will be the official timekeeper of this Promotion.
Entrants must meet all eligibility requirements and fully comply with these Official Rules in order to participate and be eligible to win.
All eligible Entries may be featured on www.foundersbrewing.com and/or www.sessionboldly.com and may be displayed, shared, exploited or used in advertising by Founders, in Founders’ sole and absolute discretion. By submitting an Entry, Entrant represents and warrants to Founders that the Entrant has the right title and interest in and to any media submitted in connection with an Entry. Founders, in its sole discretion, reserves the right at any time not to post, or to remove, any Entry in its sole and absolute discretion.
- ENTRY REQUIREMENTS: Each Entrant’s Session Boldly Photo must be original, of Entrant’s own creation, and must not have been entered in any other competition or promotion, including other competitions or promotions conducted by Founders. Founders, in the exercise of its sole and absolute discretion, has the right to disqualify any Entry which it deems: (i) includes antisocial, racist, bigoted, bullying, discriminatory, or abusive content, a commercial solicitation or promotional materials, or any address, phone number, or URL address; (ii) includes branded, copyrighted, trademarked items (other than those of Founders contemplated by the Promotion) or otherwise possibly infringes upon the intellectual, privacy or proprietary rights of a third party; (iii) is not in keeping with Founders’ image; (iv) contains any imagery prohibited by state or federal law, (v) portrays, suggests or promotes consumption of alcohol which is excessive, inappropriate, irresponsible or otherwise contrary to the spirit of alcohol regulations and industry advertising standards, (vi) suggests, condones or promotes consumption of alcohol preceding an activity which requires a high degree of alertness or coordination, (vii) condones or suggests underage drinking, drunk driving or drinking games in any way, (viii) is otherwise objectionable, as determined by Founders in its sole discretion.
Each Entrant represents and warrants that such Entrant’s Entry (i) is original and is of Entrants own creation; (ii) has not been entered in any other competition or promotion, including other competitions or promotions conducted by Founders; and (iii) complies with all other requirements contained in these Official Rules including, without limitation, those in the paragraph immediately above.
All Entries (including all Session Boldly Contest Photos) shall become the property of Founders upon submission and will not be acknowledged or returned and will not give Entrant any right to any compensation or royalty of any kind and any and all such rights are disclaimed hereby and waived by Entrant in full.
Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Founders or any other person on the grounds that any use of any Entry as provided herein, infringes any of Entrant’s rights as the creator of the Entry as provided herein including, without limitation, trademark rights, copyrights and moral rights (“droit moral”). By submitting an Entry, in addition to the grant of title above, Entrant hereby grants Founders and its affiliates, subsidiaries, successors, assigns, licensees, sublicensees, agents and representatives an irrevocable, worldwide, royalty-free, unrestricted, perpetual sublicensable and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the Entry or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, on Founders’ Facebook Page, Founders’ or its affiliates’ Instagram account, Founders’ Twitter feed, other websites or social media outlets owned or controlled by Founders, its affiliates or anyone acting on Founders’ authority, and in Founders’ email and/or social media (e.g., Facebook, Twitter or Instagram) communications, for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license at Founders’ reasonable request. Nothing herein shall constitute an employment, joint venture, or partnership relationship between Entrant and Founders.
- FINALISTS; WINNER SELECTION; ODDS OF WINNING: Ten (10) Finalists will be selected by a panel of Founders’ employees and will be judged on aesthetic characteristics such as creativity, originality, the photographic and/or artistic quality of the Entry. The panel will choose the Entries that it feels integrate any one or more of those qualities in a memorable and/or creative way, in the panel’s sole and absolute discretion. Decisions of the panel will be final.
Two (2) Entries (each, a “Winner”) will be selected from all Finalist Entries for the Prizes (defined below) by a vote of the public which shall take place during the Public Voting Period. Public voting will be administered by Administrator, which will have such safeguards, restrictions and rules as Founders, Administrator and their respective information technology partners deem appropriate. Upon termination of the Promotion Entry Period, the ten (10) Finalists selected by Founders (according to the criteria described above) will be added to an official Session Boldly Contest page at www.sessionboldly.com. Visitors to the voting page will be invited to vote for his or her favorite submission using the judgment criteria set forth above, voting rules and procedures established by Founders and Administrator, which will be posted on the voting page (each a “Voter”).
The two (2) photos that receive the most votes from Voters will be the Winners, subject to verification of eligibility and compliance with these Official Rules. Visitors to the website will participate in choosing the Winners by clicking the “Vote” button under the relevant image. Only one (1) vote per Voter will be accepted per day, per IP address. A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. EST and ending the same day at 11:59:59 p.m. EST.
All determinations by Founders concerning the final vote shall be final and binding. In the event of a tie, Founders shall select the Winner in its sole and absolute discretion. Odds of winning depend on the number of eligible Entries received. Each Winner will be required to complete, sign and return an Acceptance of Prize Agreement in order to be eligible to receive the applicable prizes. In the event a Winner fails to complete, sign and/or deliver an Award Acceptance Agreement, or such Winner otherwise fails to comply with any of the Official Rules (or if Winner’s guest fails to execute required waivers and releases) such Winner shall be disqualified from the Promotion and Founders shall have the right (but not the obligation) to select an alternate Winner.
- PRIZES: Each Winner will receive: (i) up to $500 in reimbursements to cover the cost of Winner and one (1) guest over the age of 21 traveling by air to and from Grand Rapids, MI for a meet and greet tour and tap room experience with members of the brewery team, (ii) lodging for one (1) night (one room) in Grand Rapids in a hotel of Founders’ selection, (iii) after the night in Grand Rapids, Winner’s selection of a Michigan trip package (Discover the Leelanau Peninsula and North Manitou Island, Experience Michigan’s Magical Upper Peninsula, or Explore Michigan’s Rivers) each of which includes specified transportation, food, activities, amenities and overnight arrangements as described on a trip-by-trip basis on the website www.sessionboldly.com (each trip’s duration and provided transportation, food, activities, amenities and overnight arrangements vary depending on trip selected and in one case (Experience Michigan’s Magical Upper Peninsula) involves camping), (iv) limited edition swag, and (v) a $50 gift certificate to be used towards purchases of promotional materials at the brewery (collectively, the “Prizes“). No alcohol will be given as part of these Prizes. The up to $500 air travel reimbursement amount shall be in the aggregate for Winner and guest and in the event that the actual combined aggregate cost of Winner’s and guest’s air travel is greater than $500, such difference shall be borne by and paid by Winner. In the event that the actual combined aggregate cost of Winner’s and guest’s air travel is less than $500, Founders shall not pay such difference to Winner, and Winner shall not be compensated for such difference. Winner does not need to invite a guest to attend with Winner in order to receive the Prize.
TOTAL approximate retail value of all Prizes to be awarded to each Winner: up to U.S. $5,000.
The actual value of the prize may vary based on point of departure. Any difference between the stated approximate value and actual value will not be awarded. Winner will be responsible for arranging airfare or other travel and transportation reservations, and will be required to provide receipts for actual out-of-pocket costs incurred by Winner in connection with the Winner’s travel to Grand Rapids, Michigan. Subject to verification in accordance with the previous sentence, reimbursements for travel expenses for the Winner and Winner’s guest will be made by Founders in an amount up to $500 in the aggregate.
All costs and expenses associated with Prizes and the acceptance, use and enjoyment thereof not specified herein as being provided in the Prizes section of these Official Rules (or in the associated trip description), including but not limited to (i) hotel or other accommodations; (ii) ground transportation (including the full cost of transportation to and from the closest departure city and the winner’s place of residence); and (iii) any and all applicable fees, service charges, surcharges or passenger facility charges, all insurance, federal, state, local and foreign taxes, if any, luggage fees, gratuities, meals, souvenirs, incidentals and any other unspecified expenses associated with acceptance or use of the Prizes are the sole responsibility of the Winner. Founders is not liable for any expense incurred as a consequence of a flight cancellation or flight delay.
Each Winner and any other Prize recipient is required to comply with any and all applicable federal, state and local laws, rules and regulations related thereto and is solely responsible for any and all federal, state, and local taxes that apply to the receipt and use of any Prizes. Entrant acknowledges that if he/she is a Winner, the Award Acceptance Agreement which he/she will be required to complete, sign and return to Founders may require Winner to complete an IRS Form W-9 and will authorize Founders to deliver to Winner a IRS Form 1099, or any other applicable income tax forms, reflecting the prize awarded to Winner. Any failure by any Winner to complete, sign and/or deliver the Award Acceptance Agreement will result in such Winner’s disqualification and ineligibility and an alternate Winner may be selected by Founders, in its sole discretion. If an alternate Winner is selected by Founders, then the alternate Winner shall have received the next-highest number of votes during the Public Voting Period. Founders reserves the right to substitute a prize of greater or equal value in the event any prize or a portion of a prize is unavailable for any reason. Prizes are non-assignable and non-transferable. No cash alternative or other substitution of a prize is permitted, except at the sole option of Founders. Founders will not replace any lost or stolen prize or portion of a prize. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Founders. All prize details are at Founders’ sole discretion. The awarding of any Prize is contingent upon full compliance with these Official Rules.
- GENERAL RULES: The Promotion is offered by Canal Street Brewing Co., L.L.C., d/b/a Founders Brewing Company, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by electronic email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
By participating in the Promotion, Entrants agree to waive, release, indemnify, defend and hold harmless Founders and its parent, affiliated companies and subsidiaries and their directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related in any way to the Promotion or the provisions of any products or services related to any Prize (including tour providers, hotels, restaurants, bars, stores, Facebook, Inc. and Instagram, Inc.) (together, the “Released Parties”), from and against any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a Prize or parts thereof, participation in the Promotion, attendance at the Founders premises or any other premises visited during the Grand Rapids trip, or in any other Prize-related activity, including, without limitation, any (i) condition caused by events beyond Founders’ control that may cause the Promotion to be disrupted or corrupted; (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; (iii) printing or typographical errors in any materials associated with the Promotion; or (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in the Promotion or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion. The Award Acceptance Agreement to be executed by Winner will contain waiver language which may expand on the scope of the foregoing indemnification, hold harmless and waiver and any guest of Winner will also be required to execute releases and waivers prior to being eligible to receive or participate in any Prize (which releases and waivers will grant Founders rights to use such person’s likeness as required by Founders and will require such guest to indemnify and hold harmless the Releasing Parties and waive claims as may be required by Founders). Any failure by Winner or any guest to execute the Award Acceptance Agreement or any such releases or waivers shall result in such Winner and/or guest’s disqualification and ineligibility and an alternate Winner may be selected by Founders, in its discretion.
IN NO EVENT WILL FOUNDERS OR THE RELEASED PARTIES BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FOUNDERS OR SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Founders will be responsible for resolving any disputes and rules violations that arise in connection with the Promotion. All interpretations of these Official Rules and the decisions of Founders regarding the Promotion shall be final and binding in all respects.
- ADDITIONAL CONDITIONS:Except where prohibited, by accepting any Prize, each Winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to Winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Founders’ newsletters, Founders’ homepage at www.Foundersbrewing.com, Founders’ Facebook page, and other Founders social media platforms (including Instagram, Twitter, etc.), without additional compensation. Each Winner also agrees to participate in promotional activities related to the Promotion upon Founders’ reasonable request. Winner, any individuals featured in any Session Boldly Photo and any guests of Winner shall execute an appropriate model release permitting Founders’ use of such person’s image as contemplated herein.
Founders reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, without liability to the Entrant. Founders reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Promotion or Founders’ homepage, Facebook page or any Founders social media platform; (ii) violates these Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 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, Founders reserves the right to seek damages from any such person to the fullest extent permitted by law. Founders’ failure to enforce any term of these Official Rules shall not constitute a waiver of that term or any other provision. The Promotion is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Promotion is void where prohibited or restricted by law. By participating in the Promotion, You acknowledge that You have read these Official Rules and agree to abide by them and by the decisions of Founders, which are final and binding on all matters pertaining to the Promotion.
- GOVERNING LAW:These Official Rules are governed by the law of the State of Michigan, excluding its rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Promotion or these Official Rules must be brought in the state or federal courts located in Grand Rapids, MI.
- WINNERS: A winners list may be obtained by sending a stamped, self-addressed envelope marked “All Day Getaway Photo Contest” to Founders Brewing Company, 235 Grandville Ave, SW, Grand Rapids, MI 49503, Attn: Community Engagement Specialist.
- SPONSOR:The Sponsor of the Promotion is Canal Street Brewing Co., L.L.C., d/b/a Founders Brewing Company, 235 Grandville Ave, SW, Grand Rapids, MI 49503.
- ADMINISTRATOR: The Administrator of the Promotion is Wyng, 360 Park Avenue South, New York, NY 10010.
- DISCLAIMER: The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., Instagram, Inc. or Twitter, Inc. By participating in the Promotion, you acknowledge and agree that you are providing your entry information to Founders, and not to Facebook, Inc., Instagram, Inc. or Twitter, Inc.
© 2017 Founders Brewing Company, Grand Rapids, MI