OFFICIAL RULES: “DON’T GET TWISTED” SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. THIS SWEEPSTAKES 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” Sweepstakes (the “Sweepstakes”), which consists of six (6) Weekly random drawing Sweepstakes, 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 Promotion 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 Sweepstakes 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 Sweepstakes begins at 12:00:01 AM Eastern Time (“ET”) on 9/8/23 and ends on 10/19/23 at 11:59:59 PM ET (“Sweepstakes Period”). There will be one (1) weekly sweepstakes (each a “Weekly Sweepstakes”) for each of six (6) consecutive weeks beginning 9/8/23 and ending on 10/19/23. Each entry period for each Weekly Sweepstakes begins on the applicable Friday at 12:00:01 AM ET and ends the following Thursday at 11:59:59 PM ET. Non-winning Weekly Sweepstakes Entries WILL roll over to subsequent Weekly Sweepstakes entry periods, if any. The Sponsor’s computer will be the official timekeeping device.
TO ENTER THE WEEKLY SWEEPSTAKES: Visit www.ArizonaHard.com or www.DontGetTwisted.com during the Sweepstakes Period to register and complete the entry form (“Weekly Sweepstakes Entry”). Those who do not follow all the instructions, provide the required information in their registration form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Limit: one (1) Weekly Sweepstakes Entry per person and/or email address for the entire Sweepstakes Period.
WEEKLY SWEEPSTAKES PRIZES: Fifty (50) prizes per week of a $10 Cash App reward. Approximate Retail Value (“ARV”): $10.00 each. Twenty-Five (25) Prizes per week of: AriZona Hard merchandise as determined by Sponsor. ARV: $19.99. Total ARV of all Prizes per week: $999.75. Use of Cash App Prize is subject to the terms and conditions of issuer. Cash App reward will be awarded in US Dollars. In order to receive Cash App reward, winner must have a Cash App account which can be downloaded for free at the Apple or Google Play stores and must provide Cash Tag, email address and/or telephone number associated with their Cash App account during Sweepstakes Entry process. Additional restrictions may apply. Weekly Sweepstakes Prizes will be awarded by random drawing for each Weekly Sweepstakes. One (1) random drawing will be conducted for each Weekly Sweepstakes by Sponsor from all eligible entries received on or about 9/15/23, 9/22/23, 9/29/23, 10/6/23, 10/13/23 and 10/20/23. Odds of winning a Prize will depend on the number of eligible entries received. Cash App reward may be awarded in the form of a promotional Cash App code and is available to residents in the states of AL, AR, DC, DE, FL, GA, IA, ID, IL, MA, MD, ND, NM, NJ, NY, OH, PA, RI, SD, VA, VT, WI & WY only. Additional states may be added at Sponsor’s discretion. Cash App code must be claimed by the expiration date or prize will be forfeited. Winners will be required to confirm email address, telephone number and/or Cash Tag by text message. Winners of merchandise will be required to supply a U.S. Shipping address (no P.O. Boxes) by the date specified in winner’s notification text or Prize may be forfeited and awarded to an alternate. Allow approximately 3 days to receive Cash App reward and 4-6 weeks for shipment of merchandise following verification of winner’s eligibility.
Weekly Sweepstakes 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 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 Entries, or for destruction of or unauthorized access to, or alteration of 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 Promotion; (d) incorrect or inaccurate registration, Entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (e) any typographical or other error in any printing or advertising related to this Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the Prize winner(s); 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 event of a dispute regarding 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 Entries will be void. Standard data rates may apply if a mobile device is used for participation. 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 Entries become the property of Sponsor and will not be returned.
POTENTIAL WINNER NOTIFICATION/VERIFICATION: All Potential winners will be notified by a text message to the mobile phone number used to register for the Weekly Sweepstakes within five (5) business days following the end of each applicable Weekly Sweepstakes. Each potential Weekly Sweepstakes Prize winner must respond to such text notification with the requested information within twenty-four (24) hours of the date/time notified or the Prize may be forfeited and awarded to an alternate winner. Each potential Prize winner must consent to receive at least one (1) text message in order to accept a prize. Standard data rates may apply. Check with your wireless provider for details. Winner may 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 winners 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 mobile phone number 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. Each 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 Sweepstakes are the sole responsibility of each 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 Sweepstakes prizes.
GENERAL CONDITIONS: All Winners are subject to verification of eligibility and compliance with these Official Rules. Limit: one (1) Cash App and one (1) merchandise Weekly Sweepstakes Prize per person/household for the entire Sweepstakes Period. 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. All Weekly Sweepstakes Prizes will be awarded presuming a sufficient number of eligible Weekly Sweepstakes entries are received and such Prizes are 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. Prizes that are not properly claimed in accordance with these Official Rules will not be awarded. Entry into a Weekly Sweepstakes 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 winners agree to look solely to such manufacturers for any such warranty and/or guarantee. By participating and/or accepting a Prize (if applicable), 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 Sweepstakes, Prize acceptance (if applicable), the use or misuse of Prize or for preparing for or travelling to any prize-related or Entry submission activity. Sponsor and its agents are not responsible for any printing or other errors in Sweepstakes-related material. Should any portion of this Sweepstakes 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 Entries, Sponsor reserves the right, in its sole discretion, to cancel, terminate or suspend this Sweepstakes and select potential winners from all eligible, non-suspect 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 Sweepstakes 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 entries beyond the Entry limits stated in these Official Rules, Sponsor reserves the right to disqualify such individual and all such 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes-related materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control.
SPONSOR: Hornell Brewing Co., Inc., 60 Crossways Park Dr. West, Woodbury, NY 11797.
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