Funky Buddha Survey Gift Card Giveaway Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Funky Buddha Survey Gift Card Giveaway (the “Giveaway”) is open only to legal residents of the state of Florida 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, officers or agents of Funky Buddha Brewery LLC, 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, and any other alcoholic beverage industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Giveaway; or (d) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption), persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (a) through (c). Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
ODDS OF WINING: The odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
2. Sponsor: Funky Buddha Brewery LLC, 1201 NE 38th Street, Suite A-1, Oakland Park, FL 33334.
3. Timing: The Giveaway begins on August 17, 2020 at such time as an email with a link to an online customer survey (the “Survey”) is sent to potential entrants’ email addresses and ends on August 24, 2020 at 11:59 pm Eastern Time (or the time and date specified in the Giveaway email) (the “Promotion Period”).
4. How to Enter: To enter the Giveaway, follow the link to the Survey in the email received in the inbox of the email account registered to receive emails from Funky Buddha Brewery and complete and submit the Survey no later than the end of the day on August 24, 2020.
Limit: One (1) entry per person during the Promotion Period. 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. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected Entries, which will be disqualified. Normal internet access and data/usage charges imposed by your internet/wireless phone service provider may apply. See your internet/wireless provider for pricing plan details. Entries generated by script, macro or other automated means and Entries by any means which subvert the Entry process are void. Entries will not be acknowledged or returned. Any use of robotic, repetitive, automatic, programmed or similar Entry methods or agents (including, but not limited to, sweepstakes entry services to create fraudulent email addresses and/or identities) will void all Entries by that entrant.
In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed the entrant. “Authorized email account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized account holder associated with the Entry. The potential winner may be required to show proof that he/she is the authorized email account holder that was selected and that he/she was 21 at the time of entry.
5. Random Drawing: Sponsor will select the potential Giveaway winner via a random drawing from all eligible entries received during the Promotion Period. The potential winner will be notified via email response approximately three (3) days following the end of the Promotion Period. Potential winner may be required to complete and return via email, an Affidavit of Eligibility, Release of Liability and, if legally permissible, a Publicity Release and assignment of rights within five (5) days of Sponsor’s attempted delivery of same. Noncompliance within this time frame specified, return of prize notification as undeliverable, or declining the prize for any reason, will result in disqualification without further notice and, time permitting, selection of an alternate winner in a random drawing from among all remaining eligible Entries received from the applicable state/jurisdiction in the eligibility area. If potential winner does not respond and provide all requested information described above and accept the prize within five (5) days following the initial winner notification email from Sponsor to potential winner, 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.
6. Prize: Prize shall consist of one (1) $100 taproom gift card to Funky Buddha Brewery. The Prize can only be used in person at Funky Buddha Brewery. Winner must abide by all venue policies. Resale, transfer or exchange of prize(s) is prohibited. Prize shall not be redeemable for cash. Prize consists of only the item specifically listed as part of the prize. No alcohol is awarded with or as any prize. Sponsor is not responsible for lost, mutilated or stolen gift card. The mention of any entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such entity or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The Approximate Retail Value (“ARV”) of the prize is $100.00. Actual value may vary. Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of a prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. 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. Sponsor reserves the right to cancel or postpone the Giveaway if the Giveaway becomes impossible or commercially unreasonable to administrate. Winner is responsible for all taxes and fees associated with prize award, receipt and/or use.
7. Release: In exchange for the right to participate in the Giveaway, the winner agrees to release and hold harmless Sponsor and its 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 Giveaway 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. All entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. The Released Parties assume no responsibility for undeliverable emails, including but not limited to those resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
8. Publicity: Except where prohibited, participation in the Giveaway 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. By participating in the Giveaway, each winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation. All entrants understand and agree that any recourse or claim for damages under Florida Statute §540.08 (“Unauthorized publication of name or likeness”) is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, 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 Giveaway, 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 Giveaway 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 Giveaway 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. By entering the Giveaway and accepting a prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in the Giveaway or prize-related activity. Each winner understands and agrees that Sponsor or the prize provider have the right, in their sole discretion, to disqualify and remove the winner (and/or his/her guest, if applicable) from any activity at any time if the winner’s (and/or his/her guest’s) behavior at any point (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; (iii) may or does cause damage to person, property, or the reputation of Sponsor or a prize provider; or (iv) otherwise violates the policies of the prize provider; and, in such a case, the winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.
10. 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 Giveaway; (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 Giveaway; (d) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen entries; 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 Giveaway or receipt or use or misuse of any prize.
11. Disputes: THIS GIVEAWAY 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 Giveaway 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 Giveaway 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 Giveaway), and entrant further waives all rights to have damages multiplied or increased.