2016 Summer Games Contest
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED.
Sponsor. Drizly, Inc., 334 Boylston Street, Boston, MA, 02116, (“Sponsor” or “we”). This promotion is in no way sponsored, endorsed, administered by, or associated with, Instagram, Facebook or Twitter.
Agreement to Official Rules. Participation in the 2016 Summer Games Contest (“Promotion”) constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
Eligibility. You must be at least twenty-one (21) years old to participate in the Promotion. The Promotion is open only to legal residents of [the fifty (50) United States and the District of Columbia]. Employees of Sponsor, Anheuser-Busch, LLC, or any of its parent or affiliate companies, and immediate family (spouse, parents, siblings and children) of such employees are not eligible. Employees of any wholesale distributor or retailer of alcoholic beverages are not eligible; nor are their immediate family members. Only individuals may participate; commercial enterprises and business entities are not eligible.
Timing. The Promotion begins at 3:30pm Eastern Daylight Time (“EDT”) on Friday, May 20, 2016 and ends at 10pm EDT on Tuesday, May 31, 2016 (“Promotion Period”). Sponsor is the official timekeeper for the Promotion.
Prize(s). Paid airfare for 1 winner plus 1 companion to Rio de Janeiro, Brazil, a hotel for 5 consecutive nights, and 2 tickets to 4 different events at the Olympics. Passport and Visa required for travel to Brazil. Approximate Retail Value of Each Prize is up to $14,000. Total Approximate Retail Value of All Prizes: $28,000. Actual value of the prize will depend on Winner’s point of departure, and any fluctuations in the cost of airfare and/or accommodations. The Winner and guest must travel on the same itinerary. Incidental expenses, ground transportation, airport transfers, fees, taxes, surcharges, gratuities, and meal/beverage or other expenses not specified are the sole responsibility of the Winner (and of his/her guest). The Prize, including all Prize components, is subject to availability and is subject to restrictions. Travel documents are the sole responsibility of the Winner and guest(s). TRAVEL MUST BE TAKEN ON AUGUST 7, 2016 OR AUGUST 8, 2016 AND COMPLETED BY AUGUST 13, 2016. THE EVENT IS CURRENTLY SCHEDULED TO TAKE PLACE ON AUGUST 8, 2016-AUGUST 13, 2016. THIS DATE IS SUBJECT TO CHANGE BY THE ORGANIZERS OF THE EVENT. IN SUCH CASE, THE REQUIRED TRAVEL DATES SET FORTH ABOVE WILL BE ADJUSTED ACCORDINGLY. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Sponsor shall not be responsible for any flight delays or cancellations. Sponsor shall not be responsible for any hotel bookings or service.
A prize cannot be returned or exchanged for any reason. Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. Sponsor reserves the right in its sole discretion to substitute a prize in whole or in part with one of comparable or greater value if the published prize(s) are or should become unavailable for any reason. Sponsor is not responsible for the utility or quality of the prize(s). All prizes are provided “as is” without warranty of any kind, either express or implied, and Sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner(s). Winners are solely responsible for reporting and paying any taxes on their prizes.
The Prize is being announced to winner by Drizly, the “Sponsor”, fulfilment of prize is being provided by Rio Creative. All logistics of Prize acceptance is being handled by Drizly and fulfilment will be handled by Rio Creative.
How to Enter. Participation is voluntary and does not require you to purchase anything from the Sponsor. If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard message and data charges from your wireless carrier may apply. You will need to use your Instagram, Facebook or Twitter account. Creating an Instagram, Facebook or Twitter account is free, but you will be subject to the terms and conditions of any such third party site. Your account settings on your Instagram, Facebook or Twitter account that you use to participate in the Promotion must be set to “unprotected” and/or “public” in order for your posts to be viewable by Sponsor. If you are using an account with any third party service or website, note that Sponsor does not control and cannot guarantee the availability or functionality of any such service or website.
No purchase is required to enter or win the contest. THREE (3) WAYS TO ENTER: (a) Facebook: Post a photo or video showing your ‘Toast to Team USA’ and use the hashtags #PassTheTorchUSA #WinRio (an “Entry”). You must be a registered user of Facebook and follow Drizly in order to enter the Sweepstakes via Facebook. Facebook registration is free and can be obtained by logging on to www.facebook.com and following the online instructions to open an account. b) Instagram: Post a photo or video showing your ‘Toast to Team USA” and use the hashtags #PassTheTorchUSA #WinRio (also an “Entry”). You must be a registered user of Instagram and follow @DrizlyInc in order to enter the Sweepstakes via Instagram. Instagram registration is free and can be obtained by logging on to www.instagram.com and following the online instructions to open an account. (c) Twitter: Post a photo or video showing your ‘Toast to Team USA’ and use the hashtags #PassTheTorchUSA #WinRio (also an “Entry”). You must be a registered user of Twitter and follow @Drizly on Twitter at https://twitter.com/Drizly in order to enter via Twitter. Twitter registration is free and can be obtained by logging on to www.twitter.com and following the online instructions to open an account.
Responses and entries received from any person in excess of the stated limit will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Responses and entries that Sponsor determines as being generated by automated means are void.
All responses or entries must be posted or received by the close of the Promotion Period. Receipt of entries or responses will not be acknowledged. Proof of providing information is not considered proof of delivery to or receipt by Sponsor.
No late, illegible, incomplete forged or altered responses or entries will be accepted.
Sponsor is not responsible for and shall not be liable for late, lost, misdirected, incomplete, invalid, unintelligible, illegible, technically corrupted or garbled responses or entries, which will be disqualified, or for any problems of any kind whether mechanical, human or electronic, including but not limited to printing, typographical, technical, or network errors, delays in uploading or processing of submissions, traffic congestion on any website, Internet or telecommunication network, or issues with mobile device or computer connectivity.
Content Restrictions. Any responses or entries that you post or submit must not:
i. contain material that violates or infringes another person’s or entity’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
ii. identify another person or entity unless you have permission from that individual or entity (Sponsor may request evidence of such permission in a form acceptable to Sponsor);
iii. disparage Sponsor or any other person or entity affiliated with the Promotion;
iv. contain brand names or trademarks other than those owned by Sponsor, for which you have a limited license to incorporate into your content solely to participate in this Promotion;
v. contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
vi. 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; or
vii. contain material that is unlawful or in violation of or contrary to the laws or regulations of any state in which the content is created;
viii. contains an image of anyone under 21 years of age;
ix. fails to comply with the Beer Institute Advertising and Marketing Code as made publicly available at the following online location: http://www.beerinstitute.org/assets/uploads/BI-AdCode-5-2011.pdf; and,
x. refers to or depicts 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).
Social Media Accounts. A social media account on Instagram, Facebook or Twitter is required to participate in this Promotion. In the event of a dispute as to who submitted an entry or response, the name of the “authorized account holder” associated with the account will be deemed to be the Promotion participant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned to the account by an Internet access provider, online service provider, or other organization that is responsible for assigning accounts or the domain associated with the submitted account. Any participant who uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion.
Winner Selection. The Promotion will have 1 winner. Selection will be conducted using the Judging Criteria (defined below) at the end of the Promotion Period by Sponsor, whose decisions are final and binding in all matters relating to the Promotion. The potential winner[s] will be notified by direct message via social platform by which Sponsor received entry into contest by June 4, 2016 and receive instructions on how to claim the prize[s]. Potential winners are subject to verification, including verification of age. If a potential winner is disqualified for any reason, declines the prize or does not claim it in accordance with Sponsor’s instructions within the stated time frame, or if the prize or notification is returned as undeliverable, an alternate potential winner may be selected from all remaining eligible entrants, at the sole discretion of Sponsor. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of entrants. The prize[s] will be shipped to the address[es] provided at the time of entry.
Selection Criteria. Entries will be judged based on the following judging criteria (“Judging Criteria”), each of which is given equal consideration, by an independent panel of judges (“Panel”) selected by Sponsor. The Judging Criteria are: (a) Creativity (use of the imagination and/or originality of the photo); (b) Personality (sophisticated and memorable as reflected in the photo); and (c) Communication of Contest theme (“Toast to Team USA”) and overall appeal. The entry receiving the highest cumulative score awarded by the Panel will be deemed the Prize Winner. In the event of a tie, tied entries will be re-judged by a new Panel based on the Judging Criteria. This process will be repeated until the tie is broken and a single Winner determined. The decisions of the Panel are final in all aspects of the Contest.
Winner Announcement. Winner[s] will be announced via Sponsor’s social networks which may include; Facebook, Twitter, Instagram and Sponsor’s blog. To receive a copy of the list of the winners, send your written request along with a self-addressed, stamped envelope for receipt to: 334 Boylston St Floor 3, Boston MA 02110.Requests must be received within ninety (90) days of the end of the Promotion Period.
Ownership. Entries and responses will not be returned and all entries and responses become the sole and exclusive property of Sponsor. Sponsor will be entitled to use the content without permission from or compensation to you or any other person. For the avoidance of doubt, Sponsor will not be liable to you or any other person or entity for any ideas for Sponsor’s business (including, without limitation, product designs or ideas) derived from any submission and will not incur any liability as a result of any similarities to any submission that may appear in any future products or services of Sponsor.
Publicity Release. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, submission and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Where lawful, the winners may be required to sign and return a publicity consent and liability release form.
LIMITATION OF LIABILITY. By submitting an entry or response, you agree to release and hold Sponsor and its directors, officers, employees, representatives and agents, and Instagram, Facebook and Twitter and their respective directors, officers, employees, representatives and agents (“Released Parties”) harmless from and against any claims associated with or deriving from the Promotion. Released Parties are not responsible and cannot be held liable for anything that may prevent the Promotion from being conducted as planned.
Termination. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any problem prevents the Promotion from being conducted as planned or if any fraud, technical failures, human error or any other causes beyond the control of Sponsor affects the administration, security, fairness, integrity, or proper conduct of the Promotion, as determined by Sponsor in its sole discretion.
Disqualification. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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 reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process, the website or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person.
Governing Law. These Official Rules are governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules that would result in the application of the laws of any other jurisdiction. Any controversy or claim arising out of or relating to these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in the Commonwealth of Massachusetts, City of Boston. You agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded or not awarded shall be resolved solely individually, without resort to any form of class action or consolidation with any claim or controversy of any other party. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Suffolk in the Commonwealth of Massachusetts. The parties agree not to raise the defense of forum non conveniens.
Copy of Official Rules. To receive a copy of these Official Rules, send your written request along with a self-addressed, stamped envelope for receipt to: 334 Boylston St Floor 3 Boston MA 02116. Requests must be received by May 20, 2016.
Winner’s List: To receive the name of the winner, send your written request along with a self-addressed, stamped envelope for receipt to: 334 Boylston St Floor 3 Boston MA 02116. Requests must be received by July 31, 2016.
© 2016 DRIZLY, INC. ALL RIGHTS RESERVED. Any other trademarks in these Official Rules are used for prize identification purposes only and are the properties of their respective owners.