Take a Timeout With Kona
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Take a Timeout With Kona
Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION.
PARTICIPANTS MUST BE A LEGAL RESIDENT OF THE UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA, 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY (“Entrant”).
1. SWEEPSTAKES TIMING: The Take a Timeout With Kona Sweepstakes (the “Sweepstakes”) begins on Friday, December 15, 2017 at 12:00:01 a.m. Pacific Daylight Time (“PDT”) and ends on Tuesday, February 6, 2018 at 11:59:59 p.m. PDT (“Entry Period”). The Sweepstakes will consist of a random drawing Sweepstakes to be conducted on or about Wednesday, February 14, 2018 to award thirty-six (36) prizes. The Sponsor’s designated server will be the official timekeeper for this Sweepstakes.
2. ACCEPTANCE OF RULES: Entry in the Sweepstakes does not constitute entry into any other sweepstakes, contest or promotion. Each person who submits an entry in the Sweepstakes, unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Kona Brewing Co., 929 N. Russell Street, Portland, OR 97227 (the “Sponsor”), and/or WYNG, 360 Park Avenue S., 20th Floor, NY, NY 10010 (the “Administrator”), whose decisions shall be final and legally binding in all respects.
3. ELIGIBILITY: Employees, officers, and directors of Sponsor, Administrator, and each of their affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and Sweepstakes agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. Eligibility is subject to all federal, state, and local laws and regulations.
4. HOW TO ENTER:
If your Instagram or Twitter account is set to "protected mode," or “private” your entry may not be visible and thus may not be received by Sponsor. Your entry method must be set to “public”.
1. You may submit an original photo of “anything Kona” or anything that represents “taking a timeout” (“Photo”). Photo submissions may be in color or B&W.
2. All submitted entries will be reviewed by the Sponsor prior to being made public (see Entry Notes below).
3. Your Photo must comply with these Official Rules and may not contain any of the Prohibited Content set forth below.
4. Limit: One (1) Photo entry per person during the Entry Period.
5. Requirements for Photo: Photos must be submitted in .JPG, .GIF, or .PNG format. Entries must not advertise or promote third parties' goods or services, nor contain any material which violates or infringes any copyright, trademark, trade name, trade secret, right of publicity or privacy or other personal and/or proprietary right of any person or entity. Entries must not use third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights. Entrants may however use the Kona trademark/products in photos. Entries must not suggest Sponsor's products or alcohol in general makes you more confident, popular athletic, healthier or attractive or that it is acceptable, glamorous or generally positive to be intoxicated nor feature scenes of or references to drinking alcohol or show people who are, or appear to be, under 21 years of age. Photos containing full or partial nudity will be disqualified. Any entry that implies it is acceptable to drink alcohol before or while driving any kind of vehicle, operating any kind of machinery, or while undertaking any activity that requires alertness, concentration, or physical coordination will be rejected.
Follow any one of these steps to enter:
• Instagram: Upload your Photo entry along with the hashtag #KonaTimeoutsweeps. Within 24 hours your photo will be reviewed for compliance and if approved you will receive an auto-response which will point you to a unique URL to “claim” your Photo entry. Click on the link to authorize Instagram to access the account in order to use the Photo in the Sweepstakes. Once you “claim” your Photo you will be prompted to complete the process by filling in the required information on the entry form. Once you complete the registration (“Eligible Entry”), your Eligible Entry may appear on the Sponsor’s “Gallery” page and will be included in the Sweepstakes.
• Twitter: Tweet your Photo entry with the hashtag #KonaTimeoutsweeps. Within 24 hours your photo will be reviewed for compliance and if approved you will receive an auto-response which will point you to a unique URL to “claim” your Photo. Click on the link to authorize Twitter to access the account in order to use the Photo in the Sweepstakes. Once you “claim” your Photo you will be prompted to complete the process by filling in the required information on the entry form. Once you complete the registration (“Eligible Entry”), your Eligible Entry may appear on the Sponsor’s “Gallery” page and will be included in the Sweepstakes.
Twitter's terms (https://twitter.com/tos) apply.
• Visit the Sponsor’s Sweepstakes Page: Complete the online official entry form with all required information found at www.konatimeout.com. Complete your entry by agreeing to the Official Rules and submit. Your entry will be reviewed for compliance and if approved will be entered in to the sweepstakes process.
NO ENTRY WILL BE JUDGED AS THIS IS A RANDOM DRAWING SWEEPSTAKES.
All entries are subject to verification and approval by the Sponsor. Entries that do not meet the requirements for the Photo or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged. Photos may also: not feature any person other than entrant unless entrant has obtained all necessary written permissions and releases from such persons prior to submission and such persons are 21 years of age or older. Uploading a photo is not required to enter the sweepstakes at the Sponsor’s website.
Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures destroy the integrity of the Sweepstakes as determined by the Administrator and Sponsor, in its sole discretion and to award the prizes based on eligible entries received prior to the cancellation.
By submitting a Photo, each participant grant Sponsor and/or the participating partners of the Sweepstakes, if any, a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, broadcast, perform, display, or otherwise use the Photo with or without modifications, in any form or medium whether now existing or later developed, without limitation and without further compensation, notice or approval from participant.
Entrant’s Representations: By submitting your Photo, you represent and warrant that the submission is original, that you own the submission or otherwise have the right to submit it here and that such submission does not infringe upon the rights of any third party and the submission has not been previously published in any medium.
Entry Notes: Once an entry has been submitted, Entrant cannot access/revise entry in any way. No photo, title or description may be obscene, pornographic, cruel, mean spirited, offensive in any manner, defamatory, illegal or infringing on any third party rights or in any other way not suitable to be published. If an entry falls into this category (at the Sponsor’s sole discretion), their corresponding entry will become void. Entries made on another’s behalf by any other individuals or any other entity, including but not limited to commercial sweepstakes/contest subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by the Administrator and Sponsor, in their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all Entrants release the Sponsor and Administrator and each of the Sweepstakes Entities and each of their respective employees, officers, directors and agents from and against all claims and damages arising in connection with each Entrant's participation and/or entry in the Sweepstakes and/or his/her receipt or use of the prize awarded in this Sweepstakes.
Sponsor is not responsible for problems downloading or uploading of a photo and/or any Sweepstakes related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Sweepstakes.
Although it is free to enter the Sweepstakes, if you opt to access the Sweepstakes via your wireless mobile device, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges.
5. SWEEPSTAKES DRAWING: A random drawing will be conducted on or about Wednesday, February 14, 2018 from all Eligible Entries Received during the Entry Period. Odds of winning depend upon the nature, quality and number of eligible entries received.
6. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): Only the prizes listed below will be awarded in this Sweepstakes.
One (1) Grand Prize Winner: Trip for Winner and two (2) guests to Hawaii. Prize includes the following:
• Roundtrip (coach class) air transportation for three (3) from a major airport nearest the winner’s home address to the prize destination.
• Three (3) nights (one (1) room) hotel accommodations
ARV of this prize package $6,000.
Thirty-five (35) Second Prizes: Each Winner to receive a $40 Visa® Gift Card. Terms and conditions of the gift card apply.
Travel must be round trip. If flights are required, Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of the winner and his/her guests. Travel companions must be twenty one (21) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as the winner. Travel restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary based on airfare fluctuations and distance between departure and destination.
Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Prize is not redeemable for cash. Sponsor reserves the right to substitute a particular prize for one of comparable or greater value. Winner is responsible for any and all applicable local, state, and/or federal taxes and fees.
Trip winner and travel companions must have valid travel documents (e.g., government issued I.D., passport, etc.) along with any other travel requirements in order to travel by plane prior to departure, and failure to do so may result in forfeiture of Prize. Winner and his/her travel companions are solely responsible for satisfying all legally required conditions of travel. Winner must have a valid major credit card to check-in to a hotel.
All taxes are the responsibility of the winner. Prize will be awarded only if the prize winner fully complies with these Official Rules. Sponsor or Sponsor's representative reserves the right to deny portions of the prize package to Winner, with no further compensation, if Winner engages in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
7. WINNER NOTIFICATION: Conduct of the Sweepstakes is under the supervision of the Administrator. Prize winner shall be required to verify name and complete mailing address as requested by the Administrator. Grand Prize winner must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and tax form W-9 in a form to be provided by the Administrator. Conduct of the Sweepstakes and the drawing are under the supervision of the Administrator. Prize winners will be notified by phone and/or by email or mail or express mail using the contact information provided at the time of entry. Administrator and Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within (3) days of the first notification attempt, or if the prize notification or prize is returned as unclaimed or undeliverable to such potential prize winner, the potential prize winner will forfeit his or her prize and an alternate winner may be selected from remaining eligible entries with the highest Judges score. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected from remaining eligible entries with the highest Judges score.
8. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Acceptance of any prize constitutes prize winner's permission for the Sweepstakes Entities to use prize winner's entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes.
Each Entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive, royalty-free license to publish, display, reproduce, modify, edit or otherwise use his/her Attributes, in whole or in part, for advertising or promoting the Sweepstakes, the Sweepstakes Entities or for any other reason; (ii) waives all moral rights in and to his/her Photo and the Attributes in favor of the Sponsor; and (iii) agrees to release and hold harmless the Sweepstakes Entities from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the entry, entrant's Photo, the use of the Attributes as permitted hereunder or the Sweepstakes. The Sponsor/Administrator reserves the right, in its/their sole and absolute discretion and at any time during the Sweepstakes, to modify, edit or remove any Photo, if a complaint is received with respect to the Photo, or for any other reason. If such an action is necessary, then the Sponsor reserves the right, in its sole and absolute discretion, to remove the Photo from the Sweepstakes.
By submitting an entry, you agree that your submission is gratuitous and made without restriction, and will not impose any obligation upon Administrator or Sponsor. Administrator and Sponsor are free to disclose or otherwise disclose the ideas contained in the Photo on a non-confidential basis to anyone and are free to otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
9. DISQUALIFICATION: Administrator and Sponsor reserve the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to disparage, annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No incomplete, forged, software-generated or other automated multiple entries will be accepted.
10. SEVERABILITY: The invalidity or unenforceability of any provision of these 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, these 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.
12. LIMITATION OF LIABILITY:
Sponsor, Administrator, and the Sweepstakes Entities are not responsible for, and Entrant hereby releases Sponsor, Administrator, and the Sweepstakes Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury or damage to persons or property, including but not limited to Entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes and (vi) use of any prize.
13. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of the State of Oregon and Entrant hereby submits to the exclusive jurisdiction of such courts and waives any objection it might have based upon improper venue or inconvenient forum; and (2) unless otherwise prohibited, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
14. WINNERS LIST: To obtain the name of the winners, send a self-addressed stamped envelope to: Take a Timeout with Kona Sweepstakes Winners, PO Box 2312, Framingham, MA 01703-2312. Winners list will be available after 2/26/18. All such requests must be received by 3/9/18.
© Kona Brewing Co. All Rights Reserved
Please enjoy Kona responsibly
The use of any prize manufacturer, hotel name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship.
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