NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. EACH TEXT MESSAGE SENT OR RECEIVED MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. YOU MAY RECEIVE MULTIPLE TEXT MESSAGES IN RESPONSE TO YOUR ENTRY. TEXT MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. VOID WHERE PROHIBITED.
1. SPONSOR & ADMINISTRATOR: Harpoon Brewery, 306 Northern Ave., Boston, MA, 02210 (“Sponsor”). Protexting LLC, 1 State Street Plaza, 33rd Floor, New York, NY, 10004 (“Administrator”).
2. SWEEPSTAKES: Harpoon Brewery’s UFO Winter White Out Sweepstakes (this “Sweepstakes”) starts at 12:01:00 a.m. Eastern Time (“ET”) on Tuesday, November 15, 2016 and ends at 11:59:59 p.m. ET on Monday, January 16, 2017 (the “Sweepstakes Period”). Administrator’s computer is the official time-keeping device for this Sweepstakes.
3. ELIGIBILITY: Open only to legal residents of the 50 United States, Washington, D.C., and Puerto Rico who are at least 21 years of age at the time of entry. Employees, officers and directors of Sponsor and Administrator (the “Sweepstakes Entities”), and the immediate family members and persons living in the same household of such employees, are not eligible to enter this Sweepstakes or win a prize. “Immediate family members” means parents, spouses, children, siblings, or grandparents and each of their respective spouses, regardless of where they reside.
4. ENTRY: During the Sweepstakes Period, eligible participants may enter in one of two (2) ways, as follows:
1. Online - During the Sweepstakes Period, eligible Entrants can obtain one (1) Sweepstakes entry by visiting the Sponsor’s website at www.ufobeer.com. At the Website, Entrants will be instructed to complete the Sweepstakes entry form requesting full name, phone number, date of birth, and e-mail address. Each completed entry form will generate one (1) Sweepstakes entry.
2. Via Text Message - Enter by texting the keyword UFO to the short code 82257. Then, you will be asked to respond to the text and provide a valid birth date. By providing birth date, you consent to be contacted by email for purposes of this Sweepstakes. To enter, you must text the keyword and text your birth date and fill out the form. If you wish to opt out, text STOP to 82257. For additional information you may text HELP to 82257 or email email@example.com.
LIMIT: One (1) entry per person, per day, regardless of method of entry.
Your wireless service provider's text message and data rates apply. Consult your wireless service provider’s pricing plan for details. Your Device must be capable of sending and receiving text messages. Check your Device’s features to see if it has that capability and check the device manual for specific use instructions. Entry via text messaging may not be available through all wireless carriers or on all handsets. The following carriers support this promotion format, but are not sponsors of this Sweepstakes: AT&T, T-Mobile, Verizon Wireless, US Cellular, Sprint, Cricket, Nextel and Boost Mobile.
Sponsor is not responsible for lost, late, delayed, misdirected, incomplete or stolen entries or for any Device, telephone or technical malfunctions that may occur. All entries become the property of the Sponsor and will not be returned. Multiple entrants may not share the same email address or Device. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, Devices, identities, or any other methods will void that entrant’s entries and that entrant may be disqualified from the Sweepstakes. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by that entrant. Winning a prize is contingent upon fulfilling all requirements set forth herein.
5. CONDITIONS OF PARTICIPATION: By entering, entrant agrees to assume all responsibility claiming any prize within the required time as outlined in these Official Rules. By entering, entrant agrees for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless the Sweepstakes Entities and Mass Bay Brewing Company from any liability, claim, illness, injury, death, loss, harm, damage or expense, including, without limitation, property damage, personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participation in this Sweepstakes or any Sweepstakes or prize-related activities, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy or merchandise delivery; (B) that Sweepstakes Entities and Mass Bay Brewing Company have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
6. PRIZES: Sponsor will award one (1) Grand Prize. Grand Prize is one (1) prize package for four (4) consumers (you plus three friends) to win an all-expenses paid ski weekend to Sugarbush Mountain in Warren, VT. Round-trip coach air transportation for four (4) from gateway city nearest winner’s home to Boston, MA, double-occupancy lodging accommodations for three (3) consecutive nights, a VISA gift card ($500) and ski passes for four (4) for three (3) days. Winner and guests must travel on the same itinerary and on the dates specified by Sponsor or prize will be forfeited and may be awarded to an alternate winner (time permitting). Winner and guests must comply with all travel requirements, which may include, without limitation, presenting necessary identification (including passport or driver’s license) at the time of travel. Flight schedules are subject to change without notice. Any costs incurred due to changes to the original itinerary are solely the winner’s responsibility. Travel and accommodations are at Harpoon’s discretion and subject to availability and change. Harpoon reserves the right to determine airline, hotel and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability and blackout dates. If the winner lives within driving distance (determined to be 180 miles of the Harpoon Brewery) they will be given a gas card and parking at their hotel in lieu of airfare. Ground transportation (other than as stated above), meals, gratuities and all other expenses not specified herein are solely winner’s responsibility. Winner is solely responsible for all costs and expenses incurred in connection with prize acceptance or use of the prize and not described as being awarded including, but not limited to, all applicable taxes (including, without limitation, sales tax, and federal, state and local income tax). Actual value of prize may vary based on changes in price between beginning and end of Sweepstakes Period, and date of prize award. Any difference between the actual value of the prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. No transfer, refund, substitution or replacement of prize permitted, except that the Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). Sponsor makes no representation to winner as to the fitness or suitability of the prize for any purpose, and Sponsor offers no warranty. Sponsor hereby disclaims any and all warranties, express or implied, concerning the prize. ARV is $7500. Actual value depends on ultimate destination/city/day/time of departure.
7. SWEEPSTAKES DRAWING; ODDS OF WINNING: Sponsor will conduct one (1) random drawings. The random drawings will take place on or about January 17th, 2017 from all eligible entries received as of the date of such drawing. Odds of winning depend on the number of eligible entries received prior to the random drawing during the Sweepstakes Period. Actual retail value of the prize will vary based on location of the winner. Allow four (4) to six (6) weeks after validation of arrangement for receipt of prize. There is no substitution, cash equivalent or transfer of prizes allowed. The Sweepstake Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Sweepstake Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. In order to receive a prize, winner may be required to provide proof of identification or eligibility. For residents of the United States all federal, state, and local taxes, if any, are the responsibility of the winner. The winner of any prize with a value of $600 or greater will be issued a 1099 U.S. Tax Form for the retail value of the prize.
If: (a) any prize notification is returned as undeliverable, (b) potential winner does not respond to notification by email or phone within three (5) days of the date of initial notification, or (c) potential winner does not comply with these Official Rules, prize will be forfeited and an alternate winner will be selected. In the event that a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries, provided that there are remaining eligible entries.
8. PUBLICITY RELEASE: Acceptance of prize constitutes winner’s consent and permission for the Sweepstakes Entities to use and/or publish winner’s full name, voice and likeness, along with his or her biographical information, address (city and state), entry, testimonials, opinions and any statements made by winner, in whole or in part, worldwide and in perpetuity for promotional purposes, in any and all media, without further compensation, notice, review or approval, except where prohibited or restricted by law.
9. NO TAMPERING/RIGHT TO CANCEL/FORCE MAJEURE: Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No incomplete, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to suspend or terminate this Sweepstakes or to void the entries at issue if it determines, in its sole discretion, that this Sweepstakes cannot be executed as planned, including but not limited to tampering, technical impairment, fraud, failures or malfunctions, unauthorized intervention or other causes beyond Sponsor’s control that corrupt or affect the integrity, administration, security, proper play and/or feasibility of the Sweepstakes. By entering, entrants acknowledge and agree that none of the Sweepstakes Entities is responsible, or has any liability for: (a) entries that contain incomplete or inaccurate information, whether caused by entrants or by any of the equipment or programming associated with or utilized in this Sweepstakes, or do not otherwise comply with or violate the Official Rules; (b) entries, prize claims or notifications that are late, misdirected, or otherwise not received by Sponsor or its agents for any reason; (c) any typographical or other error in the printing or advertising of this Sweepstakes, the administration or execution of this Sweepstakes, or in the announcement of the prize winner; (d) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries; (e) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; or (f) if a prize, or a prize component, cannot be awarded due to shipping delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond the Sponsor’s reasonable control. If this Sweepstakes is terminated before the designated end date, Sponsor will select the winner in a random drawing from all eligible, entries received as of the date of such termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
10. PRIVACY; MAILING LIST: The Harpoon Brewery takes your privacy seriously. The Harpoon Brewery does not rent, sell, or share personal information about you with other people or nonaffiliated companies. We only use your information for the intended purpose of helping you engage with the brand or organization you subscribed to. In addition, we may use the information collected for the purpose of research, development, reporting and analytics without sharing any personally identifiable information. We have physical, electronic, and procedural safeguards to ensure protection of your information.
11. WINNERS LIST: To obtain the name of the winner, send a self-addressed stamped envelope to: Winners List, Winter White Out Promotion, 306 Northern Ave., Boston, MA 02210. The winners list will be available after January 17, 2017. All such requests must be received by March 17, 2017.
12. DISPUTES: Except where prohibited, and as a condition of participating in this Sweepstakes, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded in connection with this Sweepstakes that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action, and exclusively before a federal or state court located in Boston, Massachusetts having jurisdiction; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental or consequential damages, including reasonable attorneys’ fees, and any other damages, other than for entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives 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 Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.