NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 21 YEARS OR OLDER TO ENTER. VOID WHERE PROHIBITED BY LAW.
SWEEPSTAKES DESCRIPTION: Woodchuck® Hard Cider Chuck Loves Flatbread Sweepstakes (“Sweepstakes”) begins on October 7, 2019 at 12:00 AM Eastern Standard Time (“EST”) and ends on October 25, 2019 at 11:59 PM EST (“Sweepstakes Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with, abide by, and be bound by these Official Rules and the decisions of Vermont Hard Cider Company, LLC (the “Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Open only to legal U.S. residents (except Alaska, Hawaii and Puerto Rico),who are at least twenty-one (21) years of age at time of entry. Employees of Sponsor its parent company, affiliates, subsidiaries; prize suppliers, web design, fulfillment, legal, judging, administrative, advertising and promotion agencies involved in the administration, development, fulfillment, and execution of the Sweepstakes (collectively, “Administrator”); wholesalers, suppliers, distributors and retailers of alcoholic beverage licensees (collectively, “Licensees”); and immediate family members (spouses, parents, children, siblings, and their spouses) and/or individuals living in the same household as employees of Administrator and Licensees are not eligible to participate.
HOW TO ENTER: There is one method of entry which is via Facebook. No other method of entry will be accepted. BY FACEBOOK: To enter the Sweepstakes during the Sweepstakes Period, like the comment #ChuckLovesFlatbread below on Facebook page post (the “Entrant”) (the “Entry” or “Entries”).
Entrants must have an active Facebook account. They can sign up for a free account at www.facebook.com. All entries should adhere to Facebook Guidelines and Terms of Service that are posted on its websites. Any failure to comply with these terms may result in automatic disqualification from the Sweepstakes. By submitting an Entry each entrant consents to receive from the Sponsor a comment on their post or a direct message notifying such entrant that he/she is a potential prize winner. Entrants will be required to have a public Facebook account in order to accept an eligible entry. Entries posted by a private Facebook account will not be recognized. Any Entrant found to be using multiple accounts to enter the Sweepstakes may be disqualified. In addition, Entrants must enter the Sweepstakes using a personally-registered Facebook account. Any Entrant found to be using the account of a group, company, or other association, may be disqualified.
Sweepstakes registration and entry into the Sweepstakes is free. Entries submitted in this Sweepstakes should not already appear on any other promotional website or otherwise have been previously published in any media including books, magazines or other publications; and cannot have been entered into any other promotion. Entrants must have sole ownership rights of the Entry. By submitting an Entry, Entrant warrants and represents that he/she consents to the use of the Entry in the Sweepstakes, to its posting on the Internet in connection with the Sweepstakes, and that Entrant has permission from any other person identifiable in the Entry to be included in such Entry. If applicable, Entrants must complete all data requested on the online entry form.
All Entries must be received by October 25, 2019. Incomplete Entries are void. Limit one (1) Entry per person, per day, but each Entry must be significantly different from previously submitted Entry. For purposes of this Sweepstakes, a “day” is defined as any consecutive twenty-four (24) hour time period during the Sweepstakes Period starting at 12:00 AM EST and ending at 11:59 PM EST. All Entries become the property of Sponsor and will not be acknowledged or returned.
In the event of a dispute regarding any Entry, such Entry will be deemed to have been submitted by the Authorized Account Holder (as defined below) of the email address submitted at the time of Entry, provided that person meets all eligibility requirements set forth in these Official Rules. “Authorized Account Holder” means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entrants may not participate with multiple e-mail addresses, multiple Facebook accounts, or multiple Facebook accounts, nor may Entrants use any device or artifice to enter multiple times as multiple Entrants. Any Entrant who attempts to enter with multiple e-mail addresses, under multiple Facebook accounts, under multiple identities or uses any other device or artifice to enter multiple Entries will be disqualified from participation in the Sweepstakes and all Entries submitted by that Entrant will be void. Only fully completed Entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of Entrants.
GRAND PRIZE/APPROXIMATE RETAIL VALUE (ARV)/ODDS: GRAND PRIZE: A total of six (6) Grand Prize (“Grand Prize”) will be awarded in this Sweepstakes. Grand Prize: (4) American Flatbread FREE Vouchers, (2) $10 Gift Card, (1) American Flatbread Pizza Cutter/Scraper, (1) set (15 cards) of Game Day Bingo Cards to play during the Game, (1) Woodchuck Cider Drawstring bags, (11) Discount offers for American Flatbread Pizza – $2.00 OFF, (11) Woodchuck Cider Koozies and (11) American Flatbread Jar OpenersNo alcohol is given in this Grand Prize. Each Grand Prize will consist of: Approximate Retail Value (“ARV”) of Grand Prize is Fifty Dollars ($50). Total ARV of all Grand Prizes: Three Hundred Dollars ($300).
PRIZE RESTRICTIONS: Prizes are non-transferable, and no cash redemption or prize substitution is permitted, except at the sole discretion of Sponsor and/or Administrator. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor and/or Administrator reserves the right in their sole discretion to substitute a prize in whole or in part with one of equal or greater value. All costs and expenses associated with prize acceptance and use not specifically provided herein shall be the responsibility of the winner. The ARV for each prize is as of the date these rules were finalized and may fluctuate. Any difference between the stated ARV and actual value at the time the prize was awarded will not be awarded. Winners shall be solely responsible for payment of any federal or state income taxes on their respective prizes. For any prize with an ARV over $600, the winner will be issued an IRS Form 1099 reporting the value of the prize. The winner will be required to complete a W-9 tax form and will be required to furnish his/her social security number for the sole purpose of preparation of such tax forms as required by law.
RANDOM DRAWING: Winners will be selected in a random drawing on or about October 28th, 2019 from among all eligible entries received by Sponsor or its designee, whose decisions are final and binding. All prize drawings will be conducted at Sponsor’s offices at 1321 Exchange Street, Middlebury, VT 05753. Winners will be notified by Facebook Direct, phone, mail, overnight courier, and/or email at Sponsor’s discretion. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her Grand Prize and an alternate winner will be selected. Sponsor, in its sole discretion, may attempt to contact potential winner(s) of the Grand Prize (as defined below) in accordance with the above procedure until Grand Prizes are awarded. Sponsor will contact one potential winner of the Grand Prize in accordance with the above procedure, after which the Grand Prize in question may go unawarded if it remains unclaimed. If any potential Grand Prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Grand Prize for any reason prior to award, such potential Grand Prize winner may be disqualified and an alternate Grand Prize winner may be selected in accordance with the above procedures.
GENERAL: This Sweepstakes is governed by the laws of the United States and is subject to all applicable federal, state, and local laws and regulations. Administrator will have no liability whatsoever for any injuries, losses or damages of any kind caused by any prize or resulting from acceptance, possession, use and/or misuse of any prize or participation in the Sweepstakes or contest or any prize-related activities. Acceptance of a prize shall be construed as and signify the winner’s agreement and consent that the Administrator and Licensees may use the winner’s name, image, voice, likeness and/or Grand Prize information, without limitation, for promotional purposes without further consideration, review, approval or payment, unless prohibited by law. This provision does not apply to a winner from the state of Tennessee. Winner also grants the Administrator and Licensees the right to use and publish winner’s name and state of residence online, in print, and in any other media in connection with the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the offer or in administration of the Sweepstakes.
LIMITATIONS AND RELEASES: No liability or responsibility is assumed by Sponsor or Administrator (collectively, “Releasees”) resulting from an entrant’s participation in, attempt to participate in, or download of any information in connection with participating in, the Sweepstakes. No responsibility or liability is assumed by Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any text message transmissions to be sent to or received; lost, late, delayed, or intercepted text message transmissions; unauthorized human or non-human intervention in the operation of Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, or worm; or destruction of any aspect of the Sweepstakes. Sponsor and/or Administrator is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained in promotional materials or autodialed reply messages. Use of text messages are at user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind, direct or indirect, that may be sustained to user’s or any other person’s mobile phone or personal device resulting from participation in the Sweepstakes, or any other loss, direct or indirect, related in any way to user’s participation in the Sweepstakes or receipt of any prize. As a condition of entering, entrants agree to release Releases from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize, including without limitation any traveling related thereto.
ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED BY ENTRANT (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE IN FAVOR OF ENTRANT. ENTRANT SHALL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR—AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK—PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES; LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES; AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ENTRANT’S REMEDIES SHALL BE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. Notwithstanding the forgoing, the limitations contained in this paragraph shall only apply to the extent permitted by applicable law.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes or these Official Rules shall be settled by binding arbitration in Kentucky in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Kentucky law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor and/or Administrator shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winners grant permission for Sponsor and those acting under its authority to use his/her name, address (city and state), photograph, and voice and/or likeness for advertising and/or publicity purposes, in any and all media (including posting on Sponsor’s or its affiliates’ websites and social media accounts) now known or hereafter devised, without territorial or time limitations and without further notice or additional compensation. If you are selected as a winner, your information may also be included in a publicly-available list of winners.
GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor and/or Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Vermont, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the federal, state, and local courts located in Addison County, Vermont, for the resolution of all matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules, and you agree that any and all such disputes shall be resolved exclusively in those courts.
WINNER’S LIST: For name of winner, send an email to email@example.com with the subject line “Chuck Loves Flatbread Sweepstakes.” The winner’s list will be available after winner confirmation is complete and for a period of 6 months.
SPONSOR: Vermont Hard Cider Company, LLC 1321 Exchange Street, Middlebury, Vermont 05753.
© 2019 Vermont Hard Cider Company, LLC, Middlebury, Vermont