BREUCKELEN DISTILLING, “BREUCKELEN HANDMADE HOLIDAY GIFT” CONTEST RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER FOR A CHANCE TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THE SWEEPSTAKES IS INTENDED FOR VIEWING IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY UNITED STATES LAW. VOID WHERE PROHIBITED.
The “Breuckelen Handmade Holiday Gift” sweepstakes (“Sweepstakes”) is open to legal residents of the fifty (50) United States and District of Columbia who are twenty-one (21) years of age or older at the time of entry. Employees, contractors, directors, officers and agents of Breuckelen Distilling, its affiliates and subsidiaries; advertising and Sweepstakes agencies, wholesale distributors, retail licensees, all other service agencies involved with the Sweepstakes, and members of their immediate family (spouse, parent, child and sibling), are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions which are final and binding in all matters related to this Sweepstakes. Winning the prize is contingent upon fulfilling all requirements as set forth herein.
2. SWEEPSTAKES PERIOD:
Contest will run from December 18-25, 2020.
3. WAYS TO ENTER:
Follow Breuckelen Distilling (@breuckelendistilling) on instagram, like the contest post and tag a friend to enter for a chance to win.
For all Entries:
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.
Your setting must be set to “unprotected” and/or “public” in order for your posts to be viewable by Sponsor and its agents. Only posts that are viewable by Sponsor and its agents will be considered an Entry.
All Entries must be received and recorded during the Sweepstakes Period. No other forms of Entry are valid. See Appendix A for additional Entry Guidelines & Prohibited Content. Entry must comply with these Official Rules. Sponsor reserves the right, but not the obligation, to review any Entry for violation of these Official Rules and may, at its sole discretion, reject, delete, or otherwise exclude an Entry for any reason, including without limitation, if the Entry contains any Prohibited Content (as defined in Appendix A) or any other commentary or material which Sponsor, in its sole discretion deems inappropriate.
4. SWEEPSTAKES DRAWING:
Winners will be selected by random draw on December 28th.
5. WINNER NOTIFICATION:
Potential winners will be notified via Direct Message on instagram and will be required to respond to the notification within forty-eight (48) hours indicating whether he/she can accept the prize. If a potential winner does not respond to the notification within the forty-eight (48) hour time period, prize will be forfeited and an alternate potential winner will be randomly selected. Any alternate potential winner selected will also be required to respond to the notification within the time frame stated above.
Potential winners may be required to complete, sign and return an affidavit of eligibility and liability and, unless prohibited by law, publicity release to Sponsor or Sponsor’s representative within forty-eight (48) hours of prize acceptance. Potential winners will be required to complete, sign and return a “Release of Liability, Voluntary Assumption of Risk and Indemnity Agreement” to Sponsor to Sponsor or Sponsor’s representative within forty-eight (48) hours of prize acceptance.
Subject to verification of eligibility and compliance with the terms of these Official Rules, including verification that the winner is twenty-one (21) years of age or older, the potential winner will be declared an official winner of the Sweepstakes. If Sponsor cannot verify that the potential winner is twenty-one (21) years of age or older prior to winner notification, then the potential winner will be disqualified and an alternate potential winner will be randomly selected.
In the event of noncompliance within any stated time period, the prize will be forfeited and an alternate potential winner will be randomly selected. Any alternate potential winner selected will also be required to adhere to the time periods described herein. Any prize notification or prize returned to the Sponsor or its agencies as undeliverable will result in disqualification and the awarding of that prize to an alternate potential winner.
Released Parties (as defined below) are not responsible for suspended or discontinued Internet, wireless, or land-line phone service or a change in an entrant’s email, phone number or mailing address which may result in a potential winner not receiving initial prize notification or his/her prize information.
6. Prize DETAILS:
Winners will receive 1 of 10 Breuckelen Distilling branded handmade flasks.
7. LIMITATIONS OF LIABILITY AND RELEASE:
Breuckelen Distilling, their affiliates, subsidiaries, and agencies (collectively the “Released Parties”) are not responsible for lost, late, misdirected, unintelligible, returned or undelivered entries, telephone calls, text messages, email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Sweepstakes or Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Website’s terms of service, as solely determined by the Sponsor will be disqualified. Released Parties are not responsible for any incorrect or inaccurate information whether caused by Website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject that entrant to disqualification. Released Parties are not responsible for injury or damage to participant’s or any other person’s computer or property related to or resulting from participating in this Sweepstakes. Should any portion of Sweepstakes be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Sweepstakes, or submission of entries, Sponsor reserves the right in their sole discretion to suspend, modify or terminate the Sweepstakes, and randomly select the winner from valid entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. In the event of a dispute regarding the identity of an entrant, the authorized subscriber of the email address or the Facebook, Instagram or Twitter account used to enter will be deemed to be the entrant, and must comply with these rules. The authorized account subscriber is the natural person who is assigned the email address or the Facebook, Instagram or Twitter by the ISP or other organization responsible for assigning the email address or Facebook, Instagram or Twitter accounts. All materials submitted become the property of Breuckelen Distilling, and will not be returned. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Each Entrant agrees (a) that Sponsor and each of their parent, subsidiary and affiliated companies, and advertising and Sweepstakes agencies, and their respective officers, directors, employees, wholesale distributors, representatives and agents, will have no liability whatsoever for, and are released and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, to persons, including death, or property, or rights of publicity or privacy, defamation, copyright infringement or portrayal in a false light resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Sweepstakes or in any Sweepstakes-related activity, and (b) if selected as a winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor (and agrees to confirm such agreement in writing) and those acting pursuant to their authority to use his/her name, submitted biography, voice and/or likeness and prize information, and/or Entry (and assign the Entry, which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) for advertising, trade and Sweepstakes purposes without further compensation, at any times or time, in all media now known or hereafter discovered worldwide and on the Internet without notice or review or approval.
8. PUBLICITY AND COPYRIGHT LICENSE:
You grant Sponsor an exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable and transferrable right and license to exploit your Entry (including, without limitation, your name and likeness and the names and likenesses of any and all persons in the Entry, and any intellectual property rights (e.g. copyright, trademark, etc.) contained in the Entry) in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party, for any purpose, including, without limitation, your Entry and any person’s property (physical, personal, intellectual property rights, and indicia) contained therein. The foregoing grant includes, without limitation, the right to reproduce, display, distribute, publicly perform, create derivative works of, alter, amend, broadcast, edit, publish, use, merchandise, license, sublicense, and adapt the Entry in any and all media now or hereafter known, throughout the world, for any purpose, whether commercial in nature or otherwise, including in contexts and circumstances that result in your Entry being associated with a particular Sponsor or Sponsors. Accordingly, you hereby waive any objection to, such use including without limitation, distribution, reproduction, creation of derivative works of, public performance, or display of your Entry, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called “Moral Right,” “Droit Moral” or similar right or interest.
9. DISPUTE RESOLUTION:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules. The place of arbitration shall be St. Louis, Missouri.
Breuckelen Distilling, 77 19th Street, Brooklyn, NY 11232 USA.
12. WINNER’S LIST:
For the names of the winners, send a direct message to the Breuckelen DistillingFacebook, or Instagram and include “Breuckelen Handmade Holiday Gift Winner’s List Request” in the direct message for receipt by December 28, 2020.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Facebook, Instagram or Twitter.
ENTRY GUIDELINES & PROHIBITED CONTENT
Entries must meet the following requirements:
Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or any of their products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wish to associate. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entry in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the World in any manner whatsoever and for any purpose. Entry cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (b) promote lotteries or gambling, the excessive or irresponsible consumption of alcohol, or promote illegal use of alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain an image of anyone under 21 years of age; (e) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Breuckelen Distillery products), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (f) contain copyrighted materials owned by others without permission; (g) contain materials embodying the names, likenesses or other indicia identifying any person, living or dead, without permission; (h) refer to or depict any names, logos or readily recognizable features of a retailer of alcohol beverages (such as a grocery store, convenience store, restaurant, bar, or any other retail location that sells alcohol beverages);or (i) depict, and cannot itself be in, violation of any law.Each entrant warrants and represents that the Entry: (a) is his/her original work, (b) has not been previously published; (c) has not received previous awards; and (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;
Any entrant whose Entry includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner.
Any Entry that, in the sole opinion of Sponsor, is not in accordance with the guidelines as stated herein or on the Website, or is deemed to be inappropriate for publication is ineligible.
Incomplete, illegible, deceptive or garbled Entries are not eligible.
Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.
All Entries are subject to Sponsor’s Digital Millennium Copyright Act policy, as follows: Digital Millennium Copyright Act—Breuckelen Distillery is committed to respecting and protecting the legal rights of copyright owners. As such, Breuckelen Distillery adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Entries infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”).