NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ALCOHOLIC BEVERAGE IS NOT REQUIRED TO PARTICIPATE NOR WILL IT INCREASE YOUR CHANCES OF WINNING. NO ENTRY FEE. BY ENTERING THIS PROMOTION, YOU ACCEPT AND AGREE TO THESE OFFICIAL RULES AND AGREE TO BE BOUND THEREBY.
This River North Brewery contest (“Promotion”) is a contest of skill sponsored by River North Brewery in which Entrants submit a photograph. The Promotion is open to legal U.S. residents who are at least 21 years old at the time of entry. The Promotion is void in states in which participation is otherwise limited or qualified.
PROMOTION: The entry period for the Promotion begins at 12:00 a.m. MST on November 2nd, 2020 and ends at 11:59 a.m. MST on November 9th, 2020 (the “Promotion Entry Period”). Entries received during the Promotion Entry Period will be evaluated by River North Brewery based on the criteria outlined below between 12:00 a.m. MST on November 2nd, 2020 and 11:59 a.m. MST on November 9th, 2020. All Entries may be featured on River North Brewery’s websites, print advertising and electronic and social media and advertising channels and then River North Brewery will determine the winner of the Promotion, and the prize(s) will be awarded in accordance with these Official Rules. On or about November 10th, 2020 River North Brewery will determine the Winners of the Promotion, and the prize(s) will be awarded in accordance with these Official Rules.
BINDING AGREEMENT: By submitting an Entry for the Promotion, You are agreeing to these Official Rules and, as such, please read these Official Rules prior to submitting an Entry to ensure You understand and agree. These Official Rules form a binding legal agreement between You and River North Brewery with respect to the Promotion and by participating in this Promotion by submitting an Entry, You fully and unconditionally agree to these Official Rules.
ELIGIBILITY: The Promotion is open only to U.S. residents (other than residents of RI, AL and any other states in which participation is otherwise restricted, limited or qualified) who are, as of the date of entry, 21 years of age or older and have internet access and who abide by and adhere to all of the Official Rules. Persons in the following categories are not eligible to participate or win a prize: (a) Employees, Officers and Directors of River North Brewery, Administrator, their affiliates, subsidiaries, representatives, advertising, promotion, fulfillment and publicity agencies; (b) Corporate Officers and Directors, Members and Managers of limited liability companies, and Partners in general or limited partnerships who hold alcoholic beverage licenses or permits to engage in the production, importation, or wholesale or retail sales of alcoholic beverage products and employees and representatives of such entities; (c) Employees of beverage alcohol regulatory agencies; (d) Members of the immediate family (parents, children, siblings, spouses) wherever they may live or members of the same household (whether related or not) of any person in the preceding categories. The Promotion is subject to all applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by national, state, municipal, provincial or any other government laws.
HOW TO ENTER: Each eligible entrant (“Entrant” or “You”) must take (or have taken previously) an original photo. The River North Brewery Contest Photo must comply with the additional requirements and limitations in these Official Rules. To enter the Promotion, you must submit your River North Brewery Contest photo online by uploading it on Instagram (along with the hashtag #AdventureFuel). (each such River North Brewery Contest Photo is referred to as an “Entry”) or by entering on Facebook (posting on the brewery’s Facebook page). You must be a registered user of Instagram and follow River North Brewery in order to enter the contest. Instagram registration is free and can be obtained by logging on to instagram.com and following the online instructions to open an account. Please note that if you enter by Instagram, your profile and photo settings must be set to “unprotected” and/or “public” for your post to be viewable by River North Brewery and its agents. All Entries must be received and recorded during the Promotion Entry Period. No other form of entry is valid. If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. If an Entry contains additional people other than only the Entrant, please note that the one (1) person submitting the Entry under their email address and/or Instagram account, will be considered the Entrant and only the Entrant is eligible to win a prize. No other person in the Entry is eligible to receive a prize. Neither River North Brewery nor its agents are liable for any disputes arising from or related to the Promotion in this regard. If the River North Brewery Contest Photo contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the Entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If the River North Brewery Contest Photo includes other people, You must be prepared to provide a signed written personal release from all persons who appear in the River North Brewery Contest Photo submitted, authorizing use of the River North Brewery Contest Photo as provided below in Sections 5, 8 and 9. If you are unable to provide a personal release, upon request by River North Brewery and in the form provided by River North Brewery, then Your Entry may be disqualified. You do not need to send the release with Your Entry. If You are selected as a Winner, River North Brewery will contact You if a release is needed. By providing Your email address, you grant River North Brewery the right to send you promotional and/or marketing messages. You may opt out of receiving further River North Brewery promotional and/or marketing messages at any time by following the unsubscribe instructions in any email message. Entrants may not participate with multiple email addresses or under multiple identities, nor may Entrants use any device or artifice to enter more than once during the Promotion Entry Period or to enter as multiple Entrants. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to the email address by the internet service provider that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be requested to provide River North Brewery with proof that he or she is the eligibility requirements for the Promotion and/or is the authorized account holder of the email address associated with a winning Entry. River North Brewery reserves the right to verify the eligibility of each Entrant; if an Entrant is found to be ineligible to enter or otherwise participate in the Promotion his/her Entry will be considered invalid. Online entries must be received by the end of the Promotion Entry Period. River North Brewery’s computer will be the official timekeeper of this Promotion. Entrants must meet all eligibility requirements and fully comply with these Official Rules in order to participate and be eligible to win. All eligible Entries may be featured on and may be displayed, shared, exploited or used in advertising by River North Brewery, in River North Brewery’s sole and absolute discretion. By submitting an Entry, Entrant represents and warrants to River North Brewery that the Entrant has the right title and interest in and to any media submitted in connection with an Entry. River North Brewery, in its sole discretion, reserves the right at any time not to post, or to remove, any Entry in its sole and absolute discretion.
ENTRY REQUIREMENTS: Each River North Brewery Contest Photo must be original, of Entrant’s own creation, and must not have been entered in any other competition or promotion, including other competitions or promotions conducted by River North Brewery. River North Brewery, in the exercise of its sole and absolute discretion, has the right to disqualify any Entry which it deems: (i) includes antisocial, racist, bigoted, bullying, discriminatory, or abusive content, a commercial solicitation or promotional materials, or any address, phone number, or URL address; (ii) includes branded, copyrighted, trademarked items (other than those of River North Brewery contemplated by the Promotion) or otherwise possibly infringes upon the intellectual, privacy or proprietary rights of a third party; (iii) is not in keeping with River North Brewery’s image; (iv) contains any imagery prohibited by state or federal law, (v) portrays, suggests or promotes consumption of alcohol which is excessive, inappropriate, irresponsible or otherwise contrary to the spirit of alcohol regulations and industry advertising standards, (vi) suggests, condones or promotes consumption of alcohol preceding an activity which requires a high degree of alertness or coordination, (vii) condones or suggests underage drinking, drunk driving or drinking games in any way, (viii) is otherwise objectionable, as determined by River North Brewery in its sole discretion. Each Entrant represents and warrants that such Entrant’s Entry (i) is original and is of Entrants own creation; (ii) has not been entered in any other competition or promotion, including other competitions or promotions conducted by River North Brewery; and (iii) complies with all other requirements contained in these Official Rules including, without limitation, those in the paragraph immediately above. All Entries (including all River North Brewery Contest Photos) shall become the property of River North Brewery upon submission and will not be acknowledged or returned and will not give Entrant any right to any compensation or royalty of any kind and any and all such rights are disclaimed hereby and waived by Entrant in full. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against River North Brewery or any other person on the grounds that any use of any Entry as provided herein, infringes any of Entrant’s rights as the creator of the Entry as provided herein including, without limitation, trademark rights, copyrights and moral rights (“droit moral”). By submitting an Entry, in addition to the grant of title above, Entrant hereby grants River North Brewery and its affiliates, subsidiaries, successors, assigns, licensees, sublicensees, agents and representatives an irrevocable, worldwide, royalty-free, unrestricted, perpetual sublicensable and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the Entry or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, on River North Brewery’s Facebook Page, River North Brewery or its affiliates’ Instagram account, River North Brewery’s Twitter feed, other websites or social media outlets owned or controlled by River North Brewery, its affiliates or anyone acting on River North Brewery authority, and in River North Brewery email and/or social media (e.g., Facebook, Twitter or Instagram) communications, for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license at River North Brewery reasonable request. Nothing herein shall constitute an employment, joint venture, or partnership relationship between Entrant and River North Brewery.
WINNER SELECTION; ODDS OF WINNING: Two (2) Entries (each, a “Winner”) will be chosen by a panel of River North Brewery employees. Entries will be judged on aesthetic characteristics such as creativity, originality, the photographic and/or artistic quality of the Entry. The panel will choose the Entries that it feels integrate any one or more of those qualities in a memorable and/or creative way, in the panel’s sole and absolute discretion. Decisions of the panel will be final. The two (2) photos that are Winners, subject to verification of eligibility and compliance with these Official Rules. Odds of winning depend on the number of eligible Entries received.
Prizes are non-assignable and non-transferable. No cash alternative or other substitution of a prize is permitted, except at the sole option of River North Brewery. River North Brewery will not replace any lost or stolen prize or portion of a prize. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by River North Brewery. All prize details are at River North Brewery sole discretion. The awarding of any Prize is contingent upon full compliance with these Official Rules.
GENERAL RULES: The Promotion is offered by River North Brewery, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by electronic email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Promotion, Entrants agree to waive, release, indemnify, defend and hold harmless River North Brewery and its parent, affiliated companies and subsidiaries and their directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related in any way to the Promotion or the provisions of any products or services related to any Prize (including tour providers, hotels, restaurants, bars, stores, Twitter, Inc., Facebook, Inc. and Instagram, Inc.) (together, the “Released Parties”), from and against any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a Prize or parts thereof, participation in the Promotion, or in any other Prize-related activity, including, without limitation, any (i) condition caused by events beyond River North Brewery control that may cause the Promotion to be disrupted or corrupted; (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; (iii) printing or typographical errors in any materials associated with the Promotion; or (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in the Promotion or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion. IN NO EVENT WILL River North Brewery OR THE RELEASED PARTIES BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FOUNDERS OR SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
River North Brewery will be responsible for resolving any disputes and rules violations that arise in connection with the Promotion. All interpretations of these Official Rules and the decisions of River North Brewery regarding the Promotion shall be final and binding in all respects.
ADDITIONAL CONDITIONS: Except where prohibited, by accepting any Prize, each Winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to Winner (if true) for advertising and promotional purposes, including without limitation, inclusion in River North Brewery newsletters, River North Brewery homepage at www.rivernorthbrewery.com, River North Brewery Facebook page, and other River North Brewery social media platforms (including Instagram, Twitter, etc.), without additional compensation. Each Winner also agrees to participate in promotional activities related to the Promotion upon River North Brewery reasonable request. Winner, any individuals featured in any River North Brewery Contest Photo and any guests of Winner shall execute an appropriate model release permitting River North Brewery use of such person’s image as contemplated herein.
River North Brewery reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, without liability to the Entrant. River North Brewery reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Promotion or River North Brewery homepage, Facebook page or any River North Brewery social media platform; (ii) violates these Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, River North Brewery reserves the right to seek damages from any such person to the fullest extent permitted by law. River North Brewery failure to enforce any term of these Official Rules shall not constitute a waiver of that term or any other provision. The Promotion is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Promotion is void where prohibited or restricted by law. By participating in the Promotion, you acknowledge that You have read these Official Rules and agree to abide by them and by the decisions of River North Brewery, which are final and binding on all matters pertaining to the Promotion.
GOVERNING LAW: These Official Rules are governed by the law of the State of Colorado, excluding its rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Promotion or these Official Rules must be brought in the state or federal courts located in Denver, CO
SPONSOR: The Sponsor of the Promotion is River North Brewery
DISCLAIMER: The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., or Instagram, Inc. By participating in the Promotion, you acknowledge and agree that you are providing your entry information to River North Brewery and not to Facebook, Inc. or Instagram, Inc.