Funky Buddha® Cruise Into Sunshine Sweepstakes 2022
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: The Funky Buddha Cruise Into Sunshine Sweepstakes (the “Sweepstakes”) is open only to legal U.S. residents residing in the state of Florida (“Eligibility Area”) who are at least twenty-one (21) years old at the time of entry. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who are employees or agents of Funky Buddha Brewery LLC, Administrator (as defined below), their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors or retailers of alcohol beverage products; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) employees of, persons in the immediate family of (spouses, domestic partners, parents, children and siblings), or persons living in the same household as any person in any of the preceding categories. Subject to all applicable federal, state, and local laws and regulations. Void outside Eligibility Area and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor: Funky Buddha® Brewery, LLC, 1201 NE 38th St., Oakland Park, FL 33334. Administrator: Optivate Agency 4032 Masonboro Loop Rd, Unit 101, Wilmington NC, 28409.
- Timing: The Sweepstakes begins on May 31, 2022 at 12:00 AM Eastern Time (“ET”) and ends on June 3rd, 2022 at 11:59 PM ET (the “Promotion Period”). Administrator’s computer is the official time-keeping device for the Sweepstakes.
By submitting an Entry in this Sweepstakes, entrant grants Sponsor and all other such persons as Sponsor may designate, the absolute, irrevocable, worldwide, perpetual right and permission to use, reproduce, publish, store, post, display, distribute, modify, prepare derivative works of and/or otherwise use the Entry, in any manner, form, format or media now or hereinafter created, including on the Internet, and for any purpose, including but not limited to advertising of Sponsor, the Sweepstakes, and Sponsor’s products, all without further notice, consent or payment. Entries will not be judged but must adhere to the Entry Guidelines indicated below, as determined by Sponsor/Administrator in their sole discretion.
- Entry must comply with the Beer Institute Advertising and Marketing Code as made publicly available online at www.beerinstitute.org/responsibility/advertising-marketing-code.
- Entry must be original, and any text contained in Entry must be in English.
- Entry must not (and entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light.
- Entry must not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable, as determined in Sponsor’s/Administrator’s sole discretion.
- Entry must not include any commercial solicitation or promotional materials, websites, contact information or personally identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc.).
- Any Entry deemed inappropriate or unsuitable, in Sponsor’s/Administrator’s sole discretion, will be disqualified and may be deleted.
- Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, the Released Parties, or their respective products or services, or other people, products or companies.
- Entry must not contain content that is false, inaccurate or misleading.
- Entry must not tag or refer to (or include in the photo) any individual under the age of 21.
- Entry should not appeal primarily to persons under the legal drinking age.
- Entry must not contain statements or images relating to the armed forces of the United States; local, state or federal governments; state flags, emblems, seals, coat of arms, crests or insignias.
- Entry must not include references to any activity that Sponsor/Administrator deem to be, in their sole discretion, lewd or indecent, including but not limited to, scenarios portraying sexually explicit activity as a result of consuming alcohol, nor activity that suggests that alcohol is needed for social, financial, educational or athletic success.
- Entry must not encourage or condone drunk driving or depict situations where alcohol is being consumed rapidly, excessively, involuntarily, as part of a drinking game or as a result of a dare, or portray drinking of alcohol before or during activities that, for safety reasons, require a high degree of alertness or coordination.
- If an Entry includes the image or likeness of anyone other than the entrant, entrant represents and warrants that entrant has obtained permission from each such individual, that entrant agrees to provide written copies of such permission to Sponsor upon request and entrant certifies that such individual is 21 years of age or older.
- Entry must not refer to or depict any recognizable features of any retailer of alcohol beverages (including but not limited to bars, restaurants, convenience stores, grocery stores, etc.).
Limit: For purposes of this Sweepstakes, a “calendar day” is defined as beginning at 12:00 AM ET and ending at 11:59 PM ET on any one (1) calendar date. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities or registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Facsimile and mechanically reproduced entries will not be accepted. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, postage-due (to the extent applicable), unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any participation, the authorized account holder of the email address or phone number used to enter will be deemed to be the entrant or the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned a phone number by a cellular service provider or an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof that he/she is the authorized account holder. Normal internet access and data charges imposed by your internet/wireless phone service provider may apply. See your internet/wireless provider for pricing plan details. All entries submitted will not be acknowledged or returned. Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor/Administrator in their sole discretion.
- Random Drawing(s): Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner(s) are final and binding in all matters related to the Sweepstakes. Administrator will select the potential Sweepstakes winner(s) in a random drawing from all eligible entries received during the Promotion Period, on or around June 4th, 2022. The potential winner(s) will be notified by mail, email or phone or Instagram platform comment or direct message (depending on potential winners’ method of Entry) on or about the first business day following the random drawing in which they were selected. Each potential winner of prizes valued at or greater than $25.00, will be required to sign and return to Sponsor/Sponsor’s representative, within three (3) calendar days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (a written “Affidavit”) in order to claim his/her prize and each potential winner of prizes valued at less than $25.00, will be required immediately upon notice or attempted notice is sent to attest by telephone (which Entrant agrees may be recorded by Sponsor, Administrator or their designees) to his/her eligibility to participate in the Sweepstakes, consent to and compliance with these Official Rules (including but not limited to the Releases set forth in Sections 7 and 8 below) and all applicable regulations (an oral “Affidavit”). In the event that (i) a potential winner cannot be contacted, (ii) potential winner fails to sign (when required) and return the Affidavit within the required time period, (iii) either the prize notification or prize are returned as undeliverable, or (iv) the prize is declined for any reason, will result in disqualification without further notice and potential winner forfeits prize. Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor, in its sole discretion, may select an alternate prize winner by random drawing from among all remaining eligible entries.
One (1) GRAND PRIZE:
Grand Prize shall consist of one (1) Funky Buddha Floridian branded Beach Cruiser. Approximate Retail Value (“ARV”) of Grand Prize: $478 total.
Prize General Conditions. Prize(s) subject to availability. Each prize winner is solely responsible for all other expenses not specifically set forth herein, including but not limited to surcharges, service charges, shipping and handling, taxes, and other incidentals and items of a personal nature. Prizes consist of only the items specifically listed as part of the prize. Prize details not specified herein shall be determined solely by Sponsor. Prize(s) are awarded “as is” with no warranty or guarantee, either express or implied. No alcohol is awarded in any prize. Resale of prize(s) is prohibited. Sponsor is not responsible for lost, stolen or mutilated prizes, in which event the prize is forfeited in its entirety and Sponsor will have no obligation to award compensation in lieu thereof and no substitution will be provided except as in Sponsor’s sole discretion. Actual value of prize(s) may vary. Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of a prize. In the event that an insufficient number of eligible entries are received to award all available prizes, Sponsor is not obligated to award remaining prizes and no additional random drawings will take place. No transfer, assignment, substitution or cash equivalent for any prize will be permitted, except at the sole discretion of the Sponsor due to prize unavailability for any reason. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason, and Sponsor’s obligation to the winner(s) will be fulfilled and no other compensation will be provided. In the event of prize unavailability, if the Sweepstakes becomes impossible or commercially unreasonable to administrate, or any other reason in Sponsor’s sole discretion, Sponsor reserves the right to cancel, postpone, or modify (in whole or in part) the Sweepstakes. Winner(s) are responsible for all federal, state and local taxes and fees associated with prize award, receipt and/or use. Failure to pick-up or use prize does not relieve winner of his/her tax obligations associated with acceptance of a prize. Sweepstakes winnings will be reported to the Internal Revenue Service and winner can expect to receive a 1099 tax form for prizes which total more than $600.00 for the year. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit one (1) prize per entrant.
- Release: In exchange for the right to participate in the Sweepstakes, the winner(s) agree to release and hold harmless Sponsor, Administrator, Instagram, and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Sweepstakes or receipt or use or misuse of any prize. Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the English version of the Official Rules shall prevail, govern and control.
- Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
- Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen, or postage due entries/mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes and/or accepting an awarded prize, each entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in Broward County, Florida, having jurisdiction. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
- Winner List: For the names of the prize winners of prizes with values greater than $25.00, send a self-addressed, stamped envelope by 7/4/2022 to Optivate Agency, 4032 Masonboro Loop Rd, Unit 101, Wilmington NC, 28409.
Please Drink Responsibly. Funky Buddha® Brewery, Oakland Park, FL
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and not to Instagram.