FUNKY BUDDHA FUNKY LIKE US CONTEST
NO PURCHASE NECESSARY TO ENTER THE CONTEST.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION PERIOD: The Funky Buddha Funky Like Us Contest (the “Contest”) begins at 12:00 AM Eastern Time (“ET”) on February 1, 2019 and ends at 11:59 PM ET on February 28, 2019 (the “Promotion Period”).
2. ELIGIBILITY: The Contest is open only to legal U.S. residents, residing in Alabama, the District of Columbia, Florida, Georgia, North Carolina, South Carolina or Virginia (“eligibility area”), who are 21 years of age or older as of date of entry. The Voter Random Drawing is open only to legal residents of the fifty (50) United States and the District of Columbia, who are 21 years of age or older as of date of voting. Employees of Funky Buddha Brewery LLC (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), Crown Imports LLC, Live Nation Worldwide, Inc. (“Live Nation”), TMF2013, LLC (“TMF”), and their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies (collectively, “Released Parties”), any person affiliated with the alcoholic beverage industry, including but not limited to retailers of alcohol products, and their immediate family members (spouses, domestic partners, parents, children, and siblings) and household members of each (whether related or not) are not eligible to participate or win. Void outside the eligibility area and where prohibited by law. All federal, state and local laws and regulations apply. 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER: Record an original video (maximum 60 seconds in length) that shows what makes you funky like us (“Theme”), based on the following description of “Funky” (“Video”):
- “Funky” is:
- Showcasing a unique trick, ability or skill;
- Celebrating diversity and uniqueness;
- Conveying passion and enthusiasm around a certain subject or activity;
- Embracing what makes everyone different, or pleasantly and confidently outside the norm.
Entrants can then enter the Contest by visiting www.FunkyLikeUs.com (“Website”), and following the instructions to complete the on-screen registration form and including the URL where the Video is hosted, to the Website (“Entry”). You can enter as often as you wish but each Video must be unique and entered separately. Videos can only be hosted on Instagram, Vimeo, Twitch or YouTube (“Platform”) and must include #FunkyLikeUsContest in the post/caption. Entrant must also make sure any applicable privacy settings on the Platform at which the Video is hosted are set to public for the entire Promotion Period and that your Video complies with the Terms and Conditions of the Platform.
Any comments made by entrants in Platform posts/captions, and all Entries must adhere to the Comment/Entry Guidelines indicated below, as determined by Sponsor/Administrator in their sole discretion.
- Comment/Entry must be original, owned by entrant and any text contained in Comment/Entry must be in English.
- Comment/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.
- Comment/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/Administrator’s sole discretion.
- Comment/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 Comment/Entry deemed inappropriate or unsuitable, in Sponsor’s/Administrator’s sole discretion, will be disqualified and may be deleted.
- Comment/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.
- • Comment/Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, the Released Parties, or their respective products and services, or other people, products or companies.
- Comment/Entry must not contain content that is false, inaccurate or misleading.
- Comment/Entry should not appeal primarily to persons under the legal drinking age.
- Comment/Entry must not tag or refer to (or include in the Video) any individual under the age of 21.
- Comment/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.
- Comment/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, and images or activity that suggests that alcohol is needed for social, financial, educational or athletic success.
- Comment/Entry must not portray, 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 a Comment/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.
- By submitting an Entry/Comment in this Contest, 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/Comment, 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 Contest, and Sponsor’s products, all without further notice, consent or payment. Entries will not be acknowledged.
4. JUDGING: All eligible Entries will be judged by Sponsor-determined judges to determine twenty (20) First Prize winners, based on the following judging criteria (“Judging Criteria”): Appropriateness to Theme (40%); Originality (30%); Inspirational Value (15%); and Entertainment Value (15%). FINALIST JUDGING: The twenty (20) First Prize winners will then be re-judged by Sponsor to determine ten (10) Finalist Entries, based on the Judging Criteria above. In the event of a tie in any round, judges will re-judge the tied Entries based solely on Appropriateness to Theme to determine the applicable First Prize winner/Finalist. Decisions of the Administrator/judges are final and binding on all matters relating to this Contest.
5. FINALIST/WINNER NOTIFICATION: Potential Finalists will be notified via phone/email and will be required to complete and return via email/email link, an Affidavit of Eligibility, Release of Liability and, if legally permissible, a Publicity Release and assignment of rights within forty-eight (48) hours of Administrator’s attempted delivery of same. The Grand Prize winner will be notified via phone/email and will be required to complete and return via email/email link, a Prize Acceptance Form within forty-eight (48) hours of attempted delivery of same. Noncompliance within any specified time frame, return of prize notification as undeliverable, or declining the prize for any reason, will result in disqualification without further notice and, time permitting, determination of an alternate winner based on the next highest-ranking Entry/Finalist with the most votes.
6. PUBLIC VOTING: Up to ten (10) confirmed Finalist Entries will be posted on the Website, beginning March 18, 2019 through March 24, 2019 (“Voting Period”), for public voting. Eligible voters must be legal U.S. residents, residing in one (1) of the fifty (50) United States and the District of Columbia, who are 21 years of age or older as of date of voting (“eligible voter”). Eligible voters will be required to visit the Website and follow instructions to complete a registration form and select one (1) entry they believe best depicts the Theme. There is a limit of one (1) vote per person/email address throughout the Voting Period. The top three (3) Entries with the most valid votes at the end of the Voting Period will be deemed the Grand Prize winners. In the event of a tie, tie will be broken based on the highest score from the Finalist Judging round. Under no circumstance will information regarding voting results be shared with Entrants or voters. Please note, any attempt to use multiple accounts or other tactics to vote more than the stated limit may result in disqualification and all associated Entries and/or votes will be void. Entries or votes generated by script, macro, bot, commercial Contest subscription, vote-swapping sites, voting software, entering service sites or any other automated means and Entries or votes by any means that subvert the Entry/Voting process or do not conform to the spirit of these Official Rules will void the Entry/votes and may disqualify the entrant. Entrants are prohibited from obtaining votes, and voters are prohibited from soliciting votes on behalf of entrants, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such entrants disqualified.
7. VOTER RANDOM DRAWING: A random drawing will be conducted on or about March 29, 2019, to select one (1) Voting Prize winner from among all eligible voters that voted via Rule #6. Random drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters relating to the Contest. The odds of an eligible voter winning the Voter Prize will depend on the total number of eligible votes received during the Voting Period.
8. GRAND PRIZE WINNER/VOTING PRIZE WINNER NOTIFICATION: Potential Grand Prize winners and Voting Prize Winner will be notified via email and will be required to complete and return via email/email link, a Prize Acceptance Form within forty-eight (48) hours of Administrator’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, determination of an alternate Grand Prize winner based on the Finalist with the next highest number of valid votes or selection of an alternate Voting Prize Winner in a random drawing from among all remaining eligible voters.
9. PRIZES & APPROXIMATE RETAIL VALUE (“ARV”): All twenty-four (24) prizes, with a total ARV of $16,900, are available to be won as follows:
• Three (3) Grand Prizes, each consisting of: A five (5)-day/four (4)-night trip for winner and one (1) travel companion (departing on April 11, 2019 through April 15, 2019) to the Rock the Ocean’s Tortuga Music Festival scheduled in Fort Lauderdale, FL, April 12, 2019 – April 14, 2019 (“Festival”), and opportunity to brew with Funky Buddha at the Funky Buddha Brewery (“Brewery”). Trip includes round-trip economy class air transportation from major (in Sponsor’s sole discretion) airport nearest winner’s home to Fort Lauderdale, FL, four (4) nights’ hotel accommodations (double occupancy), a pair of three (3)-day general admission passes to the Festival, “VIP” lunch and tasting at the Brewery and a $250 check for winner for ground transportation in Fort Lauderdale. (ARV: $4,500 each). If a Grand Prize winner lives within a 250-mile radius of Fort Lauderdale, Florida, winner will receive a $250 travel stipend in lieu of air transportation and no additional compensation for air travel will be provided. Tickets are subject to availability, venue capacity, age, and other restrictions. Winner and guest must abide by all venue policies. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it and/or Festival personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any Festival or venue policy or law, and/or may bring Live Nation and/or the Festival into disrepute. Grand Prize winners’ travel companions must be 21 years or older at time of travel and must execute and return a liability/publicity release prior to travel. Grand Prize Winners and their travel companions are solely responsible for all other expenses not specifically set forth herein, including but not limited to additional meals, surcharges, services charges, taxes, travel and other insurance, additional transportation, gratuities, souvenirs, upgraded room accommodations and other incidentals and items of a personal nature. Sponsor is not responsible for lost, mutilated or stolen travel documents. Grand Prize Winners and their respective travel companions must travel on same itinerary. All travelers must agree to depart and return on dates specified by the Sponsor, which are subject to change or prize will be forfeited. Travel is subject to availability. If a Grand Prize winner is unable to travel on dates specified, prize will be forfeited and time-permitting, an alternate Grand Prize winner may be determined based on the Finalist with the next highest number of valid votes. All travelers must have valid travel documents prior to departure (i.e., valid government-issued photo ID). In the event a Grand Prize winner or travel companion engages in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the Grand Prize winner and travel companion home with no further compensation to winner. In the event a Grand Prize winner or travel companion consumes alcoholic beverages (none will be provided by Sponsor) while participating in any Grand Prize-related activities, they do so at their own discretion and agree to hold the Released Parties harmless from any subsequent damages or third-party claims arising out of or related to such consumption. In the event the Festival/Brewery opportunity is/are cancelled for reasons out of Sponsor’s control after travel has been booked, that portion(s) of the prize will not be awarded with no further compensation to winner.
• Twenty (20) First Prizes, each consisting of: A Funky Buddha Prize Pack with Sponsor-specified merchandise (ARV $150 per Prize Pack).
• One (1) Voter Prize: A Funky Buddha Prize Pack with Sponsor-specified merchandise (ARV $400).No alcoholic beverages are included in any prize. Prizes consist of only the items specifically listed as part of the prize in these Official Rules and prize details not specified herein shall be determined solely by Sponsor. Actual retail value of each prize 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 subject to additional restrictions. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. First Prize winners will be sent their prizes via mail to the address included on the registration form within 4-6 weeks after winner determination. Return of any prize or prize notification as undeliverable will result in disqualification and an alternate will be determined/selected, as applicable.
10. GENERAL CONDITIONS, RELEASE AND LIMITATION OF LIABILITY: Winners are responsible for any and all federal, state and local taxes. Grand Prize winners will receive an IRS Form 1099 from Administrator for the actual value of the Grand Prize. Failure to complete travel or use hotel accommodations or use Festival tickets does not relieve winner of his/her tax obligations associated with acceptance of a Grand Prize. Resale of prizes is prohibited. 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. In such circumstance (except as specifically outlined above), an alternate prize of equal value will be awarded and Sponsor’s obligation to the winners will be fulfilled, and no other additional compensation will be provided. The Released Parties assume no responsibility or liability for damages, losses or injury resulting from acceptance, use or misuse of a prize. In no event will more than the stated number of prizes be awarded. In exchange for the right to participate in the Contest, entrants/winners/travel companions agree to release, discharge and hold harmless Released Parties, Instagram, Twitch, Vimeo and YouTube from and against any and all liability (including, but not limited to, damages caused or claimed to be caused, losses, or injury) arising out of participation and/or acceptance/use or misuse of a prize, and agree to be bound by these Official Rules and Administrator’s or Sponsor’s decisions, which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the English version of the Official Rules shall prevail, govern and control. The Released Parties are not responsible for any typographical or other error in the printing of the Contest material, administration of the Contest or in the announcement of the prizes. Any attempt to obtain more than the stated number of votes by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all suspect votes. The Released Parties are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the email address indicated on the registration form 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. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer, phone or device related to or resulting from participating in or experiencing any materials in connection with the Contest, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer or device transmission that may limit a user's ability to participate in the Contest. 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 cancel or modify the Contest if fraud, misconduct or technical failures threaten the integrity of the Contest; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Contest as determined by Sponsor and/or Administrator, in their sole discretion. In the event of termination, a notice will be posted online and winners will be determined based on judging all eligible entries received prior to termination and then voting, as outlined above and if the voting portion is cancelled, Grand Prize winners will be determined based on the Judging Criteria only and the Voting Prize will go unawarded. Any damage made to any website by an entrant/voter will be the responsibility of the entrant/voter and/or the authorized email account holder of the email address associated with the Entry/vote. 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.
11. PUBLICITY: Acceptance of any prize constitutes permission for the Sponsor and its agencies to use winners’ names and/or likenesses and Comments/Entries for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law.
12. DISPUTES: THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ILLINOIS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the parties, and all causes of action arising out of or connected with this Contest, shall be resolved individually without resort to any form of class action and exclusively before a court having jurisdiction located in Cook County, Illinois. 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 (e.g., evidenced costs associated with entering this Contest). Entrant further waives all rights to have damages multiplied or increased.
14. WINNERS LIST: For the names of the winners, send a stamped, self-addressed envelope by August 31, 2018, to: Funky Buddha Funky Like Us Contest Winners, Dept. MB, 100 Marcus Drive, Melville, NY 11747.
15. SPONSOR: Funky Buddha Brewery LLC, 1201 NE 38th Street, Oakland Park, FL 33334.
16. ADMINISTRATOR: Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitch, Vimeo or YouTube. You understand that you are providing your information to Funky Buddha Brewery LLC and not to Instagram, Twitch, Vimeo or YouTube.
Live Nation and the Festival are not sponsors of the Contest, and are in no way responsible for the administration of the Contest, the verification of winners or the fulfillment of prizing. All inquiries regarding the Contest should be directed to Sponsor and not to Live Nation or the Festival. Tortuga is a registered trademark of TMF2013, LLC.