“Win the Ultimate Homebrew Cellar” Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL U.S. RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AT LEAST TWENTY ONE (21) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- ELIGIBILITY. The Sweepstakes is open to legal 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. Residents of Puerto Rico and/or other U.S. territories and possessions, and elsewhere where taxed, restricted or prohibited by law are not eligible to enter or win. Employees of Barrel Pro Brewing Equipment LLC and other companies associated with the promotion of the Sweepstakes, along with their immediate family (spouse, parents, siblings, and children) and household members are not eligible. Employees, agents and officers of homebrew supply retailers and distributors and their immediate family members are not eligible to enter or win. The Sweepstakes is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law.
- SPONSOR. The “Win the Ultimate Homebrew Cellar” sweepstakes (“Sweepstakes”) is sponsored by Barrel Pro Brewing Equipment LLC (“Sponsor”), 850 NW Federal Highway, Stuart, FL 34994.
- AGREEMENT TO OFFICIAL RULES. Participation in the Sweepstakes constitutes the entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein. If it is discovered that an entrant has registered or attempted to register additional entries using multiple identities or through another method that violates these Official Rules, all of the entrant’s entries may be declared null and void and any prize that entrant might have been awarded may not be awarded to that entrant. Awards of prizes are made at the sole discretion of the Sponsor.
- SWEEPSTAKES PERIOD. The Sweepstakes begins at or about 12:00 PM Eastern Time (“ET”) on December 9, 2016, and ends at 11:59:59 PM ET on April 14, 2017 (“Sweepstakes Period”). The Sponsor’s computer is the Sweepstakes official clock. Entries that are submitted before or after the Sweepstakes Period will be disqualified.
- HOW TO ENTER. Entries will be accepted online for the duration of the Sweepstakes. Bonus entries are also possible for the duration of the Sweepstakes as described below. All individuals will have the same opportunity to obtain identical number of total entries. Internet access and a valid e-mail address are required to participate. Delivery of prizes requires a valid U.S. street address (no P.O. Boxes). All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. If you choose to enter using your mobile device, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier.
Online/Basic Entries: This method of entry will be available during the Sweepstakes Period by visiting the Sponsor’s website (www.BarrelProBrewing.com) and following the directions provided to fill out and submit the entry information. Limit one (1) online/basic entry per person, per email address, for the duration of the Sweepstakes Period. The entrant must provide a valid home address (P.O. Boxes are not permitted), a valid phone number, and a valid email address to participate. Entries received from any person in excess of the stated limitation will be void.
Bonus Entries for Referrals: The Sweepstakes allows for entrants to refer additional individuals to enter the Sweepstakes (“Referred Individuals”) in order to receive bonus entries. Restrictions on bonus entries are described hereunder, and this method of receiving additional Sweepstakes entries is available only to entrants who have previously completed an online/basic entry. REFERRAL OF INDIVIDUALS IS NOT A REQUIREMENT OR CONSIDERATION TO ENTER SWEEPSTAKES. LIMIT OF FIVE HUNDRED (500) ADDITIONAL ENTRIES PER ORIGINAL ENTRANT BASED ON REFERRED INDIVIDUALS ENTERING SWEEPSTAKES. Referring the Sweepstakes to friends through email or social media, including Facebook, Twitter, or others, will result in the entrant receiving one (1) additional entry into the Sweepstakes for each Referred Individual, if those Referred Individuals also make a valid entry into the Sweepstakes within the Sweepstakes Period using the link provided to the entrant that contains the original entrant’s referral code. The Referred Individual must abide by the Official Rules and eligibility restrictions, and provide complete entry information, including a valid email address, for the entry to be deemed valid. All Referred Individuals that complete and submit an entry form will be entered into the Sweepstakes, and will be treated as a regular participant. Entries received from Referred Individuals become the property of Sponsor and will not be acknowledged to the original entrant. The Sponsor is not responsible for crediting the original entrant with an additional entry for entries received without the referring party’s referral code, which is contained in the custom link provided to the entrant for their use on social media and through their email.
Bonus Entries for Survey Completion: This method of receiving additional Sweepstakes entries is available only to entrants who have completed an online/basic entry. During the Sweepstakes period, the Sponsor may send a link to a short survey to the entrant offering three (3) additional bonus entries for completion of the survey. To receive the bonus entries, the entrant must complete the survey in full and provide the same email address to the survey that was used to enter the Sweepstakes.
- RANDOM PRIZE DRAWING. On or about May 10, 2017, the Sponsor will select potential winners in a random drawing from among all eligible entries received during the Sweepstakes Period. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via telephone or email on or about May 12, 2017. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him or her, the Sponsor may select an alternate potential winner in his or her place at random from the remaining non-winning, eligible entries.
- WINNER NOTIFICATION. The potential winners will be notified by email, mail, or phone. Only potential winner will be notified. Potential winners are subject to verification of eligibility and compliance with these Official Rules. Potential Grand Prize winners will be required to sign and return an Declaration of Compliance and Liability/Publicity Release (except where prohibited) and any other requested documents within five (5) calendar days from the date of attempted notification or the Grand Prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only ten (10) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
- PRIZES, APPROXIMATE RETAIL VALUE, AND ODDS OF WINNING.
Grand Prize (1) – The Grand Prize winner will receive three Pro Line 10 fermentors, complete with valves and fittings. The specifics of the prize shall be solely determined by the Sponsor. One (1) Grand Prize will be available in the Sweepstakes. The Approximate Retail Value (“ARV”) of the Grand Prize is $3,870. The odds of winning the Grand Prize depend on the total number of eligible entries received during the Sweepstakes Period.
Second Prize (3) – Three second prize winners will receive one (1) sign and one (1) t-shirt from the Sponsor’s collection of décor and apparel shown on the website. The prize winner may select the specific designs and shirt size from those available on the Sponsor’s website. Three (3) Second Prizes will be available in the Sweepstakes. The Approximate Retail Value (“ARV”) of each Second Prize is $75. The odds of winning a Second Prize depend on the total number of eligible entries received during the Sweepstakes Period.
Limit of one (1) prize per person/household. No prize substitution, exchange, or cash equivalent of a prize is permitted, except at the sole discretion of the Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure. Any portion of a prize not accepted by winner will be forfeited. The approximate retail value of prizes is as of the time these Official Rules were created and the value of the prizes may fluctuate. The winners shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sponsor will issue an IRS Form 1099-MISC for each winner where applicable. The Sponsor shall not be held responsible for any delays in awarding a prize for any reason. If after a good-faith attempt Sponsor is unable to award or deliver a prize, the prize may not be re-awarded. The prizes will only be awarded to verified winners.
- GENERAL CONDITIONS. Multiple entrants are not permitted to share the same email address. The authorized account holder of the email address is the natural person assigned an email address account by the internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address or account. Each potential winner may be required to show proof of being the authorized account holder.
Any attempt by any entrant to obtain more than the stated number of entries by using multiple or different identities, registrations, or any other methods may void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor reserves the right to disqualify from this Sweepstakes, any entrant it believes has violated these Official Rules, including, but not limited to, by tampering with the entry process or the operation of the Sweepstakes, is acting in violation of these Official Rules, or is acting in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules, or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of impairment.
If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Sweepstakes details contained in these Official Rules and the Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
- RELEASE AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each or their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) lost, late, incomplete, garbled, illegible, undelivered, stolen, damaged, delayed, postage-due or misdirected mail, entries, application downloads; (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the incorrect downloading of the application, the processing of entries, application downloads, or in any Sweepstakes-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, or the integrity and or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winner in a manner it deems fair and reasonable, including the selection of winner from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING A PRIZE, IS 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.
- DISPUTES. Except where prohibited, each entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Florida, in the county where the business currently resides. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Florida, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Florida. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its arbitration rules and procedures or subsequent versions thereof. The American Arbitration Association rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Florida. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages or to have damages multiplied or otherwise increased, including attorneys’ fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred or the cause of action shall be forever barred.
- PUBLICITY RIGHTS. By participating in the Sweepstakes and accepting a prize, each prize winner agrees to allow Sponsor the perpetual right, where lawful, to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for advertising and publicity purposes, at any time, in all media, without notice, review or approval and without additional compensation except where prohibited by law. The name, city, and state of winning entrants may be disclosed to third parties for prize fulfillment purposes and the winner’s name will be placed on a publically available winner’s list.
- LIST OF WINNERS. To request the name of the winner(s), send a self-addressed, stamped envelope to Barrel Pro Brewing Equipment LLC, Sweepstakes Winners List, 850 NW Federal Highway, Suite 457, Stuart, Florida 34994. Winner List requests will only be accepted after the Sweepstakes end date (listed above) and must be received within three (3) months of the Sweepstakes end date. A list of winners will also be posted on the Sponsor’s website.