OFFICIAL RULES: “DON’T GET TWISTED” CHALLENGE
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. THIS CONTEST IS INTENDED FOR PLAY BY INDIVIDUALS 21 AND OLDER ONLY, IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
ELIGIBILITY: The Hornell Brewing Co., Inc. “Don’t Get Twisted” Challenge (the “Contest”), is open only to individual, legal residents of the 50 United States and the District of Columbia (“D.C.”), who are at least twenty-one (21) years of age at the time of entry. Employees, officers and representatives of Hornell Brewing Co., Inc., (“Sponsor”), Mpire Creative LLC, distributing bottlers & retailers of Sponsor and each of their respective parent companies, affiliates, subsidiaries, advertising, fulfillment and marketing agencies, and members of the immediate families (spouse, parent, grandparent, child, grandchild, sibling and their respective spouses, regardless of where they reside) and households (whether related or not) of any of the above are not eligible to participate in the Contest or win a prize. By participating, you agree to be bound by the Official Rules and the decisions of the Sponsor, which are final and binding in all respects. Void outside the 50 United States/D.C. and where prohibited by law. The Contest is subject to all applicable federal, state and local laws and regulations. Winning a prize is contingent upon fulfilling all requirements set forth herein.
TIMING: The Contest begins at 12:00:01 AM Eastern Time (“ET”) on 9/8/23 and ends on 10/20/23 at 11:59:59 PM ET (“Promotion Period”). The Sponsor’s computer will be the official timekeeping device.
TO ENTER: During the Promotion Period, visit www.DontGetTwisted.com (“Contest Website”), complete required registration and upload a video of your AriZona Hard Taste Test Challenge review (“Contest Entry”). The recommended video length is up to two (2) minutes. All Contest Entry submissions become the sole property of Sponsor and may be used in any manner, commercial or otherwise, including without limitation in any and all media and/or technologies now known or hereafter devised throughout the universe in perpetuity. Entrants should keep a copy of their submissions. Entrants should submit the highest quality video file up to 2 GB. Acceptable file formats are: MPEG (.mpg/.mpeg/.m4v), QuickTime Movie (.mov), AVI (.avi), Windows Media Video (.WMV), .mod, 3GP/3GPP (Third Generation Partnership Project), WebM, FLV (Adobe Flash Video), OGV (Ogg Video) and QT (QuickTIme). The recommended length is up to two (2) minutes. Entrant must have express written permission from any person included in Contest Entry. You may enter as often as you wish during the Promotion Period, but each Contest Entry must be unique.
CONTEST JUDGING: All Contest Entries will be judged by Sponsor on the basis of entertainment value, quality and uniqueness/originality on or about 10/23/23. In the event of a tie, Sponsor will appoint a tie-breaking judge to review Contest Entries until the tie is broken and winner is determined. All decisions of Sponsor are final.
CONTEST GRAND PRIZE: The one (1) Contest Entry that is determined by Sponsor to be of the best quality, with most entertainment value and originality will be determined as the Grand Prize Winner. One (1) Grand Prize winner will receive: a customized Big Green Egg® Grill (some assembly may be required), an AriZona Hard Igloo® cooler and an AriZona Hard cornhole set (“Grand Prize”). Grand Prize customization and design will be determined by Sponsor. Approximate Retail Value: $1,858.00. Winner must accept Grand Prize as provided by Sponsor or Grand Prize will be forfeited in its entirety and an alternate may be determined. Winner may elect to receive cash in lieu of the Grand Prize in the amount of $1,858.00. Cash in lieu of Grand Prize will be awarded in the form of a check, payable in US Dollars in the name of the Grand Prize Winner. Allow 6-8 weeks for shipment of Grand Prize from winner verification date.
Any Contest Entries that are generated by a script, macro, or other automated means and/or otherwise not in compliance with these Official Rules will be disqualified. Automated methods of entry, including entry via third party websites or services, are prohibited. Sponsor not responsible for (a) electronic transmissions or Contest Entries that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operations or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Contest Entries, or for destruction of or unauthorized access to, or alteration of Contest Entries; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer, mobile device and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of the Contest; (d) incorrect or inaccurate registration, Contest Entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest; (e) any typographical or other error in any printing or advertising related to this Contest, in the administration or execution of the Contest, or in the announcement of the Prize winner; or (f) cheating or fraud by any entrant. Sponsor is not responsible for any interruptions in phone service, unavailable network, server, Internet Service Provider (ISP), website or other connections that may limit a person’s ability to participate in the Contest. In the event of a dispute regarding Contest Entries received from multiple users having used the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the Entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider or other organization responsible for assigning e-mail addresses for the applicable domain. Incomplete or otherwise non-compliant Contest Entries will be void. Standard data rates may apply if a mobile device is used for participation in this Contest. Check with your wireless service provider for details. Wireless internet access may not be available in certain areas and is not available on all mobile devices/wireless service providers and may limit participation. All Contest Entries become the property of Sponsor and will not be returned. Submitting/uploading a video(s) on the Contest Entry Website and by agreeing to the participate transfers exclusive ownership in the submitted video(s) to Sponsor as of the date/time of Contest Entry submission and supersedes any prior agreements relating to ownership or otherwise entered in to by the submitter, owner, and/or persons appearing in the video with any other third party or entity. Entrant hereby agrees to execute any additional paperwork and/or agreements if requested by Sponsor to further memorialize and/or record the transfer of ownership and/or any other rights or permissions granted to Sponsor. Entrant understands and agrees his/her Contest Entry may receive exposure on Sponsor’s website(s), platforms and media as Sponsor determines in its sole discretion and may be subjected to comments and popularity ratings from the public at large. Sponsor is not responsible in any manner for any remarks posted by the public pertaining to an Entrant or an Entrant’s Contest Entry video. Each entrant acknowledges and agrees that Sponsor reserves the right to edit or otherwise alter each video for any reason, including but not limited to, in order to incorporate brand-related graphics, for creative reasons, for technical reasons, to comply with Sponsor’s standards and practices, and/or in order to convert the Contest Entry video into a broadcast-quality video for potential use. If an Entrant’s submitted Contest Entry video was posted on an internet website(s) before or after the date of Contest submission, Sponsor reserves the right to have Entrant remove the video from any website for any reason, including which, in Sponsor’s determination, if remaining on such a website would bring Sponsor, the Contest or the Promotion into public disrepute, contempt, scandal or ridicule, or which reflects unfavorably upon Sponsor or the Promotion. Sponsor reserves the right to disqualify any Contest Entry at any time if Entrant fails to remove Entrant’s video from a website as so directed by Sponsor. Each Contest Entry must be solely the original work of Entrant. Sponsor reserves the right to disqualify any Contest Entry it deems to be inappropriate, offensive or not keeping with Sponsor’s image.
POTENTIAL WINNER NOTIFICATION/VERIFICATION: Potential winner will be notified by the email address used to register for the Contest. Grand Prize winner will be notified on or about 10/25/23. Potential Prize winner must respond to such notification email with the requested information within forty-eight (48) hours of the date notified or the Prize may be forfeited and awarded to an alternate winner. Potential Prize winner will be required to complete, sign and return an Affidavit of Eligibility, Liability Release, a Prize Acceptance and (where lawful) a Publicity Release and, if applicable, an IRS Form W9. Potential winner will be subject to disqualification in the event of any failure to comply with any Prize notification/verification requirement or if a Prize or Prize notification is returned as undeliverable. Sponsor is not responsible for any change of email address or other contact information of any entrant.
PRIZE RESTRICTIONS: No substitution, assignment or transfer of any Prize is permitted by winners. Winner may not receive cash in lieu of any prize except as otherwise stated herein. Sponsor reserves the right to substitute a Prize of comparable or greater value, at its sole discretion, including if an advertised Prize or portion thereof becomes unavailable. Winner is responsible for their own costs and expenses associated with the acceptance or use of any Prize that are not specifically stated herein. All federal, state and local taxes and any other costs and expenses associated with the acceptance and use of any Prize awarded in this Contest are the sole responsibility of winner. Reporting and payment of all applicable taxes resulting from acceptance or use of any Prize is the sole responsibility of the winner. All Prize details specified herein shall be determined by Sponsor in its sole discretion. Actual Prize awarded may vary from that depicted in advertising materials. The Sponsor makes no claims, promises, or guarantees about the condition or usage of any prize, and expressly disclaims any liability related to the possession and/or usage of any such products and/or services. The information provided by the Sponsor in reference to products and prizes is on an “as is” or “as available” basis, and no warranty or guarantee of any kind, implied, expressed, or statutory, including but not limited to the warranties of title, merchantability, or fitness for a particular purpose, is given by the Sponsor with respect to any prizes. In no event shall Sponsor be liable for any damages whatsoever arising out of the possession and/or usage of any Contest prize.
GENERAL CONDITIONS: All Winners are subject to verification of eligibility and compliance with these Official Rules. Sponsor not responsible for any change of entrant’s email or mailing address, account information or for undeliverable Prize. Once awarded, any lost or stolen Prize or Prize item will not be replaced. Contest Prize will be awarded presuming a sufficient number of eligible entries are received and such Prize is properly claimed in accordance with these Official Rules. In no event will Sponsor be liable for more than the stated number of Prizes listed in these Official Rules. Prize that is not properly claimed in accordance with these Official Rules will not be awarded. Entry into the Contest and/or acceptance of any Prize constitutes winner’s agreement (and agreement to confirm this grant in writing, if requested) and permission for Sponsor and its agencies to use each winner’s name/likeness, photograph and limited biographical information in connection with the Promotion for advertising and trade purposes in any and all media worldwide without limitation and without further notice, permission, payment, compensation, or other consideration, unless prohibited by law. Acceptance of a Prize constitutes each winner’s acknowledgement that the Released Parties (as defined below) have neither made, nor are in any way responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a Prize (if any) are subject to the respective manufacturers’ terms therefore, and winner agrees to look solely to such manufacturers for any such warranty and/or guarantee. By participating and/or accepting a Prize (if applicable), Contest entrants agree to release and forever discharge, hold harmless and covenant not to sue Sponsor, participating retailers, prize providers, and each of their respective parent companies, affiliates, subsidiaries, distributors, agents and promotion and advertising agencies and the employees, directors and officers of each of the foregoing entities (collectively, the “Released Parties”), from and against any and all claims, demands, damages, losses and liabilities, of any nature whatsoever, which they may now or hereafter assert, including but not limited to, claims for bodily injury, death, damages, or illness arising out of or relating to or claimed to be arising out of or relating to participation in the Contest, Prize acceptance (if applicable), the use or misuse of Prize or while preparing for or travelling to any prize-related or Contest Entry submission activity. Sponsor and its agents are not responsible for any printing or other errors in Contest-related material. Should any portion of this Contest become, in Sponsor’s opinion, compromised by non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, proper play or submission of Contest Entries, Sponsor reserves the right, in its sole discretion, to cancel, terminate or suspend this Contest and determine potential winner from all eligible, non-suspect Contest Entries using the procedure(s) outlined above. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE, TAMPER OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify permanently from this Contest any entrant it believes has violated these Official Rules. If it is suspected that the same individual enters using multiple names, addresses or email accounts in an attempt to gain additional Contest entries beyond the Entry limits stated in these Official Rules, Sponsor reserves the right to disqualify such individual and all such Contest Entries will be void. Except where prohibited by law, by entering, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Entrants consent to jurisdiction and venue in the federal and state courts located in Nassau County, New York, and agree that any and all claims or disputes shall be resolved exclusively in those courts. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control.
WINNER: Prize winner will be announced on Instagram @drinkazhard after winner has been verified and prize has been properly claimed and/or awarded.
SPONSOR: Hornell Brewing Co., Inc., 60 Crossways Park Dr. West, Woodbury, NY 11797.
This promotion is in no way sponsored, endorsed, administered by, or associated with Instagram or Meta Platforms, Inc., or The Big Green Egg Company.
©2023 Hornell Brewing Co. All Rights Reserved.