Founders IPA Social Media Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ALCOHOLIC BEVERAGE IS NOT REQUIRED TO PARTICIPATE NOR WILL IT INCREASE YOUR CHANCES OF WINNING. NO ENTRY FEE. BY ENTERING THIS PROMOTION, YOU ACCEPT AND AGREE TO THESE OFFICIAL RULES AND AGREE TO BE BOUND THEREBY.
This Founders IPA contest (“Promotion”) is a contest of skill sponsored by Founders Brewing Company (“Founders”) in which Entrants submit a photograph featuring any Founders IPA, Founders IPA gear or a downloadable Founders IPA graphic. The Promotion is open to legal U.S. residents who are at least 21 years old at the time of entry. The Promotion is void in states in which participation is otherwise limited or qualified.
- PROMOTION: The entry period for the Promotion begins at 12:00 a.m. EST on August 1, 2020 and ends at 11:59 p.m. EST on September 7, 2020 (the “Promotion Entry Period”). Entries received during the Promotion Entry Period will be evaluated by Founders based on the criteria outlined below between 12:00 a.m. EST on September 8, 2020 and 11:59 p.m. EST on September 9, 2020. All Entries may be featured on Founders’ websites, print advertising and electronic and social media and advertising channels and then Founders will determine the winner of the Promotion, and the prize(s) will be awarded in accordance with these Official Rules. On or about September 10, 2020 Founders and the Administrator will determine the Winners of the Promotion, and the prize(s) will be awarded in accordance with these Official Rules.
- BINDING AGREEMENT: By submitting an Entry for the Promotion, You are agreeing to these Official Rules and, as such, please read these Official Rules prior to submitting an Entry to ensure You understand and agree. These Official Rules form a binding legal agreement between You and Founders with respect to the Promotion and by participating in this Promotion by submitting an Entry, You fully and unconditionally agree to these Official Rules.
- ELIGIBILITY: The Promotion is open only to U.S. residents (other than residents of RI, AL and any other states in which participation is otherwise restricted, limited or qualified) who are, as of the date of entry, 21 years of age or older and have internet access and who abide by and adhere to all of the Official Rules. Persons in the following categories are not eligible to participate or win a prize: (a) Employees, Officers and Directors of Founders Brewing Company, Administrator, their affiliates, subsidiaries, representatives, advertising, promotion, fulfillment and publicity agencies; (b) Corporate Officers and Directors, Members and Managers of limited liability companies, and Partners in general or limited partnerships who hold alcoholic beverage licenses or permits to engage in the production, importation, or wholesale or retail sales of alcoholic beverage products and employees and representatives of such entities; (c) Employees of beverage alcohol regulatory agencies; (d) Members of the immediate family (parents, children, siblings, spouses) wherever they may live or members of the same household (whether related or not) of any person in the preceding categories. The Promotion is subject to all applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by national, state, municipal, provincial or any other government laws.
- HOW TO ENTER: Each eligible entrant (“Entrant” or “You”) must take (or have taken previously) an original photo featuring a Founders IPA, Founders IPA gear or a downloadable Founders IPA graphic. The Founders IPA Contest Photo must comply with the additional requirements and limitations in these Official Rules. To enter the Promotion, you must submit your Founders IPA Contest photo online by uploading it on Instagram (along with the hashtag #FoundersIPAContest). (each such Founders IPA Contest Photo is referred to as an “Entry”). You must be a registered user of Instagram and follow Founders in order to enter the contest. Instagram registration is free and can be obtained by logging on to instagram.com and following the online instructions to open an account. Please note that if you enter by Instagram, your profile and photo settings must be set to “unprotected” and/or “public” for your post to be viewable by Founders and its agents. You may only submit one (1) Entry. Any additional Entries submitted by You after Your first Entry will be null and void. All Entries must be received and recorded during the Promotion Entry Period. No other form of entry is valid. 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. If an Entry contains additional people other than only the Entrant, please note that the one (1) person submitting the Entry under their email address and/or Instagram account, will be considered the Entrant and only the Entrant is eligible to win a prize. No other person in the Entry is eligible to receive a prize. Neither Founders nor its agents are liable for any disputes arising from or related to the Promotion in this regard. If the Founders IPA Contest Photo contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the Entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If the Founders IPA Contest Photo includes other people, You must be prepared to provide a signed written personal release from all persons who appear in the Founders IPA Contest Photo submitted, authorizing use of the Founders IPA Contest Photo as provided below in Sections 5, 8 and 9. If you are unable to provide a personal release, upon request by Founders and in the form provided by Founders, then Your Entry may be disqualified. You do not need to send the release with Your Entry. If You are selected as a Winner, Founders will contact You if a release is needed. By providing Your email address, you grant Founders the right to send you promotional and/or marketing messages. You may opt out of receiving further Founders promotional and/or marketing messages at any time by following the unsubscribe instructions in any email message. Entrants may not participate with multiple email addresses or under multiple identities, nor may Entrants use any device or artifice to enter more than once during the Promotion Entry Period or to enter as multiple Entrants. Any Entrant who attempts to enter with multiple email addresses, under multiple identities or uses any other device or artifice to enter multiple times or under multiple identities will be disqualified from participation in the Promotion and all Entries submitted by that Entrant will be void. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to the email address by the internet service provider that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be requested to provide Founders with proof that he or she is the eligibility requirements for the Promotion and/or is the authorized account holder of the email address associated with a winning Entry. Founders reserves the right to verify the eligibility of each Entrant; if an Entrant is found to be ineligible to enter or otherwise participate in the Promotion his/her Entry will be considered invalid. Online entries must be received by the end of the Promotion Entry Period. Founders’ computer will be the official timekeeper of this Promotion. Entrants must meet all eligibility requirements and fully comply with these Official Rules in order to participate and be eligible to win. All eligible Entries may be featured on www.foundersbrewing.com and may be displayed, shared, exploited or used in advertising by Founders, in Founders’ sole and absolute discretion. By submitting an Entry, Entrant represents and warrants to Founders that the Entrant has the right title and interest in and to any media submitted in connection with an Entry. Founders, in its sole discretion, reserves the right at any time not to post, or to remove, any Entry in its sole and absolute discretion.
- ENTRY REQUIREMENTS: Each Founders IPA Contest Photo must be original, of Entrant’s own creation, and must not have been entered in any other competition or promotion, including other competitions or promotions conducted by Founders. Founders, in the exercise of its sole and absolute discretion, has the right to disqualify any Entry which it deems: (i) includes antisocial, racist, bigoted, bullying, discriminatory, or abusive content, a commercial solicitation or promotional materials, or any address, phone number, or URL address; (ii) includes branded, copyrighted, trademarked items (other than those of Founders contemplated by the Promotion) or otherwise possibly infringes upon the intellectual, privacy or proprietary rights of a third party; (iii) is not in keeping with Founders’ image; (iv) contains any imagery prohibited by state or federal law, (v) portrays, suggests or promotes consumption of alcohol which is excessive, inappropriate, irresponsible or otherwise contrary to the spirit of alcohol regulations and industry advertising standards, (vi) suggests, condones or promotes consumption of alcohol preceding an activity which requires a high degree of alertness or coordination, (vii) condones or suggests underage drinking, drunk driving or drinking games in any way, (viii) is otherwise objectionable, as determined by Founders in its sole discretion. Each Entrant represents and warrants that such Entrant’s Entry (i) is original and is of Entrants own creation; (ii) has not been entered in any other competition or promotion, including other competitions or promotions conducted by Founders; and (iii) complies with all other requirements contained in these Official Rules including, without limitation, those in the paragraph immediately above. All Entries (including all Founders IPA Contest Photos) shall become the property of Founders upon submission and will not be acknowledged or returned and will not give Entrant any right to any compensation or royalty of any kind and any and all such rights are disclaimed hereby and waived by Entrant in full. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against Founders or any other person on the grounds that any use of any Entry as provided herein, infringes any of Entrant’s rights as the creator of the Entry as provided herein including, without limitation, trademark rights, copyrights and moral rights (“droit moral”). By submitting an Entry, in addition to the grant of title above, Entrant hereby grants Founders and its affiliates, subsidiaries, successors, assigns, licensees, sublicensees, agents and representatives an irrevocable, worldwide, royalty-free, unrestricted, perpetual sublicensable and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the Entry or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, on Founders’ Facebook Page, Founders’ or its affiliates’ Instagram account, Founders’ Twitter feed, other websites or social media outlets owned or controlled by Founders, its affiliates or anyone acting on Founders’ authority, and in Founders’ email and/or social media (e.g., Facebook, Twitter or Instagram) communications, for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license at Founders’ reasonable request. Nothing herein shall constitute an employment, joint venture, or partnership relationship between Entrant and Founders.
- WINNER SELECTION; ODDS OF WINNING: Twenty (20) Entries (each, a “Winner”) will be chosen by an independent, third party judging organization in conjunction with a panel of Founders’ employees. Entries will be judged on aesthetic characteristics such as creativity, originality, the photographic and/or artistic quality of the Entry. The panel will choose the Entries that it feels integrate any one or more of those qualities in a memorable and/or creative way, in the panel’s sole and absolute discretion. Decisions of the panel will be final. The twenty (20) photos that are Winners, subject to verification of eligibility and compliance with these Official Rules. Odds of winning depend on the number of eligible Entries received. Each Winner will be required to complete, sign and return an Acceptance of Prize Agreement in order to be eligible to receive the applicable prizes. In the event a Winner fails to complete, sign and/or deliver an Award Acceptance Agreement, or such Winner otherwise fails to comply with any of the Official Rules such Winner shall be disqualified from the Promotion and Founders shall have the right (but not the obligation) to select an alternate Winner.
- PRIZES: Each Winner will receive (1) Founders Brewing Company mini fridge. No alcohol will be given as part of these Prizes.
TOTAL approximate retail value of all Prizes to be awarded to each Winner: $150
Any difference between the stated approximate value and actual value will not be awarded. Each Winner and any other Prize recipient is required to comply with any and all applicable federal, state and local laws, rules and regulations related thereto and is solely responsible for any and all federal, state, and local taxes that apply to the receipt and use of any Prizes. Entrant acknowledges that if he/she is a Winner, the Award Acceptance Agreement which he/she will be required to complete, sign and return to Founders may require Winner to complete an IRS Form W-9 and will authorize Founders to deliver to Winner a IRS Form 1099, or any other applicable income tax forms, reflecting the prize awarded to Winner. Any failure by any Winner to complete, sign and/or deliver the Award Acceptance Agreement will result in such Winner’s disqualification and ineligibility and an alternate Winner may be selected by Founders, in its sole discretion. Founders reserves the right to substitute a prize of greater or equal value in the event any prize or a portion of a prize is unavailable for any reason. Prizes are non-assignable and non-transferable. No cash alternative or other substitution of a prize is permitted, except at the sole option of Founders. Founders will not replace any lost or stolen prize or portion of a prize. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Founders. All prize details are at Founders’ sole discretion. The awarding of any Prize is contingent upon full compliance with these Official Rules.
GENERAL RULES: The Promotion is offered by Founders Brewing Company, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by electronic email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Promotion, Entrants agree to waive, release, indemnify, defend and hold harmless Founders and its parent, affiliated companies and subsidiaries and their directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related in any way to the Promotion or the provisions of any products or services related to any Prize (including tour providers, hotels, restaurants, bars, stores, Twitter, Inc., Facebook, Inc. and Instagram, Inc.) (together, the “Released Parties”), from and against any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a Prize or parts thereof, participation in the Promotion, or in any other Prize-related activity, including, without limitation, any (i) condition caused by events beyond Founders’ control that may cause the Promotion to be disrupted or corrupted; (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; (iii) printing or typographical errors in any materials associated with the Promotion; or (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in the Promotion or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion. The Award Acceptance Agreement to be executed by Winner will contain waiver language which may expand on the scope of the foregoing indemnification, hold harmless and waiver and any guest of Winner will also be required to execute releases and waivers prior to being eligible to receive or participate in any Prize (which releases and waivers will grant Founders rights to use such person’s likeness as required by Founders and will require such guest to indemnify and hold harmless the Releasing Parties and waive claims as may be required by Founders). Any failure by Winner to execute the Award Acceptance Agreement or any such releases or waivers shall result in such Winner’s disqualification and ineligibility and an alternate Winner may be selected by Founders, in its discretion.
IN NO EVENT WILL FOUNDERS OR THE RELEASED PARTIES BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FOUNDERS OR SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Founders will be responsible for resolving any disputes and rules violations that arise in connection with the Promotion. All interpretations of these Official Rules and the decisions of Founders regarding the Promotion shall be final and binding in all respects.
ADDITIONAL CONDITIONS: Except where prohibited, by accepting any Prize, each Winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to Winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Founders’ newsletters, Founders’ homepage at www.Foundersbrewing.com, Founders’ Facebook page, and other Founders social media platforms (including Instagram, Twitter, etc.), without additional compensation. Each Winner also agrees to participate in promotional activities related to the Promotion upon Founders’ reasonable request. Winner, any individuals featured in any Founders IPA Contest Photo and any guests of Winner shall execute an appropriate model release permitting Founders’ use of such person’s image as contemplated herein.
Founders reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, without liability to the Entrant. Founders reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Promotion or Founders’ homepage, Facebook page or any Founders social media platform; (ii) violates these Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Founders reserves the right to seek damages from any such person to the fullest extent permitted by law. Founders’ failure to enforce any term of these Official Rules shall not constitute a waiver of that term or any other provision. The Promotion is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Promotion is void where prohibited or restricted by law. By participating in the Promotion, you acknowledge that You have read these Official Rules and agree to abide by them and by the decisions of Founders, which are final and binding on all matters pertaining to the Promotion.
GOVERNING LAW: These Official Rules are governed by the law of the State of Michigan, excluding its rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Promotion or these Official Rules must be brought in the state or federal courts located in Grand Rapids, MI.
WINNERS: A winners list may be obtained by sending a self-addressed stamped envelope to FBC2067509W Founders National IPA Photo Contest P.O. Box 1008, Rocky Hill, CT 06067-1008, to be postmarked by September 8, 2020 and received by September 15, 2020.
SPONSOR: The Sponsor of the Promotion is Founders Brewing Company, 235 Grandville Ave. SW Grand Rapids, MI 49503
DISCLAIMER: The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., Instagram, Inc. or Twitter, Inc. By participating in the Promotion, you acknowledge and agree that you are providing your entry information to Founders, and not to Facebook, Inc., Instagram, Inc. or Twitter, Inc.
© 2020 Founders Brewing Co. | Brewed for Us.