Rules and Regulations
DESCHUTES BREWERY RED CHAIR SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY ONLY IN ALASKA, ARIZONA, CALIFORNIA, COLORADO, HAWAII, IDAHO, ILLINOIS, KANSAS, MINNESOTA, MISSOURI, MONTANA, NORTH DAKOTA, NEW MEXICO, NEVADA, OREGON, SOUTH DAKOTA, TEXAS, UTAH, WASHINGTON, AND WYOMING. DO NOT ENTER IF YOU ARE NOT LOCATED IN THE STATES LISTED ABOVE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
- ELIGIBILITY: Open only to legal residents of AK, AZ, CA, CO, HI, ID, IL, KS, MN, MO, MT, ND, NM, NV, OR, SD, TX, UT, WA, and WY, who are 21 years of age or older at time of entry. Employees, contractors, directors, and officers of Deschutes Brewery, Inc. (“Sponsor”) its parent, subsidiary, and affiliated companies, Mt. Bachelor, and the web design, advertising, fulfillment, judging, administrative, and sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members of each such person (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes) are not eligible to enter or win a prize. Employees, agents and officers of retail and wholesale licensees, and their family members (spouse, parent, sibling, child, son-in-law, daughter-in-law) are also not eligible to enter or win. Void where prohibited; subject to all applicable federal, state and local laws and regulations.
- SWEEPSTAKES PERIOD: Sweepstakes begins on January 1, 2013 at 2:00 p.m. Pacific Time (“PT”) and ends on March 31, 2013 at 2:00 p.m. PT (the “Sweepstakes Period”.) The Sweepstakes Web Site server is the official clock for this Sweepstakes.
- TO ENTER: Visit the Deschutes Brewery web site at http://www.deschutesbrewery.com (the “Web Site”) during the Sweepstakes Period and follow the on-screen instructions to complete and submit the online entry form to receive one (1) entry into the Sweepstakes. Entries must be received by 2:00 p.m. PT on 3/31/13. Limit one (1) entry per person/email.
Proof of submission is not proof of receipt by Sponsor. Automated methods of entry are prohibited and any use of automated devices will cause disqualification. In the event of a dispute regarding the identity of the entrant, the natural person associated with the email address provided at the time of entry will be considered the entrant. Participants may not enter with multiple accounts nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any participant who attempts to enter with multiple accounts or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's sole discretion. By participating, entrants agree to abide by and be bound by these Official Rules.
- DRAWING AND ODDS OF WINNING: A random drawing will be conducted on or about April 5, 2013, from all eligible entries received during the Sweepstakes Period, to select one (1) Grand Prize winner. The drawing will be conducted by Marketing Resources, Inc., a third party administrator. Odds of winning will depend upon the number of eligible entries received during the Sweepstakes Period.
- PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize: a trip for winner and a guest consisting of a 3-day/2-night ski weekend at Mt. Bachelor Ski Resort in Bend, Oregon. Prize includes round-trip coach air transportation for winner and guest from a major airport nearest winner’s home to and from Oregon; two (2) nights lodging accommodations (double occupancy); 3-day lift tickets and equipment rentals; and a $1,000 pre-paid card which may be used towards ground transportation and meals. ARV: $5,000.00. Actual value may vary, depending on the departure city, travel dates, and fluctuations in air travel and any difference between the actual value and estimate ARV will not be awarded.
- PRIZE RESTRICTIONS: The Grand Prize winner is solely responsible for any taxes on the prize, and will be issued an IRS Form 1099 for the value of the prize. All meals, beverages, transportation, incidental hotel charges, souvenirs, or other expenses and costs relating to the prize not expressly set forth above are the responsibility of the winner. Guest must be 21 years of age or older. A major credit card will be required at resort check-in. Winner and guest must have necessary photo ID for air travel, and must travel on the same itinerary. Trip must be taken within one (1) year of notification. Travel dates and all travel arrangements and accommodations are subject to availability and Sponsor’s discretion. In the event the winner resides within a 150 mile radius of Bend, Oregon, ground transportation will be provided in lieu of air travel. Terms and conditions set by the pre-paid card issuer apply; not redeemable for cash. Prize is non-transferable and no substitution by winner or cash equivalent is allowed. Sponsor reserves the right to substitute prize for one of equal or greater value if the advertised prize becomes unavailable.
- WINNER NOTIFICATION/PRIZE CLAIM: Winner is subject to verification. The potential Grand Prize winner will be contacted via traceable method of delivery and will be required to complete, sign, and return an Affidavit of Eligibility & Liability Release, and, where lawful, a Publicity Release (granting the use of the Winner’s name, city/state, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation) within ten (10) days of attempted mail notification, or prize will be forfeited and awarded to an alternate winner. Traveling companion must also complete and return a Release of Liability within 10 days of winner’s attempted notification. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of entrants. If potential winner is found not to be eligible or not in compliance with these Official Rules, if prize notification or prize is unclaimed or returned as undeliverable, or if prize is rejected, the potential Winner will be disqualified and the prize will be forfeited and may be awarded to an alternate winner.
- LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties resulting from user's participation in, attempt to participate in the Sweepstakes, or download of any information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes Parties for technical problems or technical malfunction arising in connection with any of the following occurrences, without limitation, that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions or mail; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prize or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. Sponsor and the Sweepstakes Parties are not responsible for any personal injury or property damage or losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Sweepstakes, use of the Web Site or the download of any information from the Web Site. As a condition of entering, entrants agree to release and hold Sponsor and the Sweepstakes Parties harmless from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto.
By entering, each entrant agrees to abide by the terms of these Official Rules and by the decisions of the Sponsor, and agrees to indemnify, release, defend and hold harmless the Sweepstakes Parties and their respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing, from and against any and all liability arising from or in connection with participation in the Sweepstakes or the acceptance, possession and/or use of the prize if awarded to him/her or his/her participation in prize-related activities including but not limited to travel related thereto, and any and all liability for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, claims or causes of action based on property damage, personal injury (including emotional distress), death, publicity rights, defamation or invasion of privacy to the maximum extent permitted by law. The Sweepstakes Parties and their respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing assume no responsibility for any physical injury or damage to entrants or entrants’ personal property, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes to the maximum extent permitted by law. Furthermore, winners acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations, or guarantees, express or implied, in fact or in law, relative to any prize or prize component.
- PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winner grants permission for Sponsor and those acting under its authority to use their name, and address (city and state/province), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on the Web Site) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to a Deschutes Brewery promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Oregon law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Deschutes Brewery will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Deschutes Brewery shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN A DESCHUTES BREWERY PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the state of Oregon, U.S.A., as applicable, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Oregon, in the state courts of Bend, Oregon.
- WINNER: To receive the name of the winner, email: email@example.com. Requests must be received by 3:00 p.m. PT on April 30, 2013. Winners name will be sent after winner has been verified.
- SPONSOR: Deschutes Brewery, Inc., 901 SW Simpson Avenue, Bend, OR 97702