Rock & Brews “Big Game Party Pack Sweepstakes” Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
- ELIGIBILITY. The “Big Game Party Pack Sweepstakes” (the “Sweepstakes”) is only open to entrants who, as of the entry date, are permanent legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old. The Sweepstakes is void outside the eligible Sweepstakes territory; and where prohibited or restricted by law. Employees, officers and directors of Rock & Brews Franchisisng, LLC (“Sponsor”), and its parents, subsidiaries, affiliates, divisions, franchisees (including licensees), advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter.
- TIMING. The Sweepstakes entry period begins at 12:01 a.m. on January 18, 2017 and ends at 11:59 p.m. on February 5, 2017 (the “Entry Period”); all times local time of the Restaurant (as defined below) associated with the entrant’s entry as described in more detail in Section 3 below. Sponsor’s computer is the official timekeeping device for the Sweepstakes.
- HOW TO ENTER.
- GENERALLY. As described in more detail below, during the Entry Period, an entrant may enter the Sweepstakes by either purchasing a Big Game Party Pack from a participating Rock & Brews Restaurant (a “Restaurant”) (for which a purchase is required to enter the Sweepstakes) or mail in a Sweepstakes entry card to a Restaurant (for which no purchase is required to enter the Sweepstakes). The Sweepstakes is being conducted on a Restaurant by Restaurant Basis, with each Restaurant collecting Sweepstakes entries associated with eligible orders made at that Restaurant or mail-in entries sent to that Restaurant, and selecting a winner for the Restaurant. For a list of participating Restaurants, see the exhibit attached to these Official Rules.
- TO ENTER BY PURCHASING A BIG GAME PARTY PACK: During the Entry Period, visit a Restaurant and purchase a Big Game Party Pack. Provide all entry information to the Restaurant representative, including full name, best phone number and email address and age. Subject to these Official Rules, entrant will then receive one (1) entry in the Sweepstakes for the Restaurant. Sweepstakes entries will be associated only with the Restaurant at which the purchase is made.
- TO ENTER BY MAIL (FREE ALTERNATE METHOD OF ENTRY FOR WHICH NO PURCHASE IS REQUIRED): If you do not desire to enter the Sweepstakes by making a purchase as described above, you may enter the Sweepstakes by mail as described below. During the Entry Period, hand print your full name, complete home address, day and evening phone numbers, email address (if any), and age on a 3 x 5 inch piece of paper and send it by United States mail in a sealed envelope no larger than 9 1/2″ x 4 1/4″ (a #10 envelope) with correct postage to “Big Game Party Pack Sweepstakes – Entry,” c/o Rock & Brews, using the specific Restaurant address for the Restaurant you desire to have your entry associated (see participating Restaurant list and addresses in the exhibit attached to these Official Rules). Subject to these Official Rules, entrant will receive one (1) entry in the Sweepstakes for the designated Restaurant. A mail in entry must be postmarked during the Entry Period and received by the designated Restaurant by February 11, 2017. No facsimiles, photocopied or mechanically reproduced entries allowed. Use of any automated system to submit entries is prohibited and will result in disqualification.
- FOR ALL ENTRIES: LIMIT: One (1) entry per person or address in this Sweepstakes (regardless of method of entry), regardless of the number of purchases or mail in entries. All entries, regardless of method of entry, must be received by a Restaurant during the Entry Period (or during such other dates and times as expressly specified above). All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of purchase or mailing will not be deemed to be proof of receipt of entry by a Restaurant. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner. Entrants will cooperate with Sponsor, Restaurants and their respective representatives in connection with any and all verification activities. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.
- AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor and the applicable Restaurant (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winners, and the awarding of the prizes), which are final and binding in all respects.
- DRAWING; ODDS; NOTIFICATION. On or about March 7, 2017, each Restaurant will randomly select one (1) potential winner from among all eligible entries received by the Restaurant through all methods of entry. Odds of winning a prize for a Restaurant depend on the number of eligible entries received by a Restaurant in the Sweepstakes. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by phone, mail, courier, and/or email by a Restaurant representative. If requested, a potential winner will be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If the potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time (if applicable), or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by a Restaurant in his/her place at random from among all eligible non-winning entries received by a Restaurant for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above; provided, however, Sponsor may alter the above timing to meet its Sweepstakes schedule.
- PRIZE. Subject to the terms and conditions of these Official Rules, eleven (11) prizes will be awarded in this Sweepstakes (one (1) per Restaurant). The approximate retail value (“ARV”) of a prize is four hundred fifty dollars ($450), and the aggregate ARV of all prizes to be awarded in this Sweepstakes is four thousand nine hundred fifty dollars ($4,950). A prize consists of and is limited to one (1) football signed by Gene Simmons and Paul Stanley. Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prize must be accepted as awarded. Prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize with another prize of equal or greater value (including cash) if the prize is not available for any reason as determined by Sponsor in its sole discretion. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, winner will be issued an IRS Form 1099 for the actual retail value of the prize. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. If a winner is a minor in his/her jurisdiction of primary residence, prize may be awarded to the minor’s parent or legal guardian who must assume all responsibilities of the prize winner. Non-compliance with any of the foregoing and any other condition of this Sweepstakes may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded. LIMIT: One (1) prize per person or address (physical or email) in this Sweepstakes, regardless of the number of purchases at any Restaurants or mail in entries to any Restaurants.
- PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
- GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries for an applicable Restaurant received up to the time of suspected impairment. 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 or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
- RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, Restaurants, and their respective parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
- LIMITATIONS OF LIABILITY. Neither Sponsor nor any Restaurants are responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
- DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in Los Angeles, California, entrant submits to sole and exclusive personal jurisdiction to said courts in the State of California for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) 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 (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- DATA COLLECTION. Entrants provide personal information to Sponsor and its designees when they enter the Sweepstakes. Sponsor and its designees collect this information and use it to (a) administer this Sweepstakes and (b) for market research and for other marketing purposes. Sponsor and its designees may share this information with third parties who need access to this information to perform services on Sponsor’s behalf. Sponsor may also share this information with select marketing partners, who may use it to contact you with information and offers they believe will be of interest to you.
- OFFICIAL RULES. These Official Rules are available at www.rockandbrews.com/contestrules, participating Rock & Brews restaurants (while supplies last) or by sending a self-addressed postage-stamped envelope to “Big Game Party Pack Sweepstakes – Rules Request,” c/o Rock & Brews, 321 12th Street, Suite 200, Manhattan Beach, California 90266. Vermont residents may omit return postage.
- WINNERS’ LIST. To request a list of the Sweepstakes winners, send a self-addressed postage-stamped envelope to “Big Game Party Pack Sweepstakes – Winners’ List,” c/o Rock & Brews, 321 12th Street, Suite 200, Manhattan Beach, California 90266. Requests must be received by March 15, 2017.
- SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Rock & Brews Franchisisng, LLC 321 12th Street, Suite 200, Manhattan Beach, California 90266.
Rock & Brews Buena Park
7777 Beach Blvd
Buena Park, CA 90620
Rock & Brews PCH/Redondo
6300 S Pacific Coast Highway
Redondo Beach, CA 90277
Rock & Brews Rancho Cucamonga
12225 E Foothill Blvd
Rancho Cucamonga, CA 91739
Rock & Brews Paia
120 Hana Hwy
Paia, HI 96779
Rock & Brews OKC
2737 W Memorial Rd
Oklahoma City, OK 73134
Rock & Brews Overland Park
5701 W 135th St
Overland Park, KS 66223
Rock & Brews St. Louis
17258 Chesterfield Airport Rd
Chesterfield, MO 63005
Rock & Brews Abq
4800 Montgomery Blvd NE
Albuquerque, NM 87109
Rock & Brews Colony
5351 Nebraska Furniture Mart Dr.
The Colony, TX 75056
Rock & Brews Oviedo
7131 Red Bug Lake Rd
Oviedo, FL 32765
Rock & Brews El Segundo
143 Main St
El Segundo, CA 90245
Rock & Brews Holdings Inc reserves the right to change, modify and update these rules at any time for any reason with or without notice.