SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

PLEASE READ THESE SWEEPSTAKES OFFICIAL RULES CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHT TO BRING A LAWSUIT IN COURT TO RESOLVE ANY DISPUTES ARISING HEREUNDER. These Official Rules state that any dispute regarding the Sweepstakes must be resolved in binding arbitration on an individual basis, and in any event may not proceed on a class basis or otherwise seek class-wide relief.

This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering this giveaway, entrants agree to a complete release of Instagram from any or all liability in connection with this giveaway. Any questions, comments or complaints regarding this promotion shall be directed to Sponsor and not to Instagram.

The RISE Brewing Co. Sweepstakes (the “Sweepstakes”) is intended for United States residents and shall only be construed and evaluated according to applicable federal law and New York state law. Do not enter this Sweepstakes if you are not located in, and a U.S. resident, or otherwise ineligible to enter in accordance with these Official Rules at the time of entry.

 

SPONSOR: The Sweepstakes is sponsored by RISE Brewing Co., 79 Delancey, New York, NY 10002 (the “Sponsor”).

 

ELIGIBILITY: The Sweepstakes is open and offered to U.S. residents who have reached the age of majority in their state of residence at the time of entry. The following are not eligible to participate in this Sweepstakes: (i) employees, officers, agents, attorneys and representatives of the Sponsor, their respective subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies (such individuals and entities, collectively, the “Released Parties”), (ii) members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any employee, officer, agent, attorney or representative described in the foregoing clause (i) . Non-eligibility and/or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. Each entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules.

 

AGREEMENT TO OFFICIAL RULES: By participating, entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

HOW TO ENTER: The Sweepstakes begins at 12:00:01am Eastern Standard Time (“EST”) on March 9, 2023 and ends at 11:59:59pm EST on March 11, 2023 (“Sweepstakes Period”). Entry does not require a payment or a purchase of any kind.  Entrants must have a public Instagram account in order to enter the Sweepstakes. If a prospective Entrant is not already a member of Instagram, he/she may visit www.instagram.com and follow the links and instructions to become an Instagram member.  Once the eligible entrant has become an active Instagram member, they have the opportunity to enter the Sweepstakes by visiting the Sponsor’s Instagram page (https://www.instagram.com/risebrewingco).

   

Any comments that conform to the above requirements will hereinafter occasionally be referred to as a “Sweepstakes Entry”. Limit of one (1) Sweepstakes Entry per eligible entrant, regardless of the number of comments an individual makes in connection with this Sweepstakes. Anyone found to be using multiple email addresses/Instagram accounts will be disqualified. Anyone posting comments or photos deemed inappropriate by the Sponsor in its sole discretion will have their comments/photos deleted and be disqualified.

 

By participating in the Sweepstakes and providing any applicable contact information, entrants hereby agree to Sponsor’s collection and usage of their personal information in accordance with Sponsor’s privacy notice, available at: https://risebrewingco.com/pages/privacy-policy#:~:text=Pledge%20on%20Privacy.,recognized%20standards%20of%20privacy%20protection.

(“Privacy Notice”), and acknowledge that they have read and accepted Sponsor’s Privacy Notice.

 

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless the Released Parties and Instagram from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize.  Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

 

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. 

 

DRAWING AND NOTIFICATION OF POTENTIAL WINNER: On or about the day that is one (1) day after the conclusion of the Sweepstakes Period, one (1) potential winner will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. Odds of winning a prize will depend on the total number of eligible entries received during the Sweepstakes Period. The drawing will be conducted by the Sponsor, whose decisions are final and binding. The potential prize winner will be contacted by the Sponsor via Instagram.

 

PRIZE: One (1) prize package consisting of:

 

• 1 stand up paddle board (approximate retail value (“ARV”): $400)
• 1 case of RISE Brewing Coffee (12 units per case) (ARV: $39.99)
• 1 stainless steel water bottle (ARV: $18.99)

 

Total ARV of prize package: $458.98

 

The prize consists only of the items described above. Sponsor in no way partners, sponsors, or endorses any brands of which the prize components are manufactured/produced. All costs associated with the use of the prize(s) that is not expressly described as being included with the prize are the winners’ responsibility. The ARV of the prize package components set forth above represents Sponsor’s good faith determination of the approximate retail value thereof and such determination is final and binding and cannot be appealed. If the actual value of the prize package (in whole or in part) turns out to be less than the stated ARV, the difference will not be awarded in cash or in any other form. THE WINNER WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. The Sponsor reserves the right at its sole discretion to substitute a prize (or prize component) with another prize of equal or greater value.

 

The potential prize winner will be contacted by Sponsor via Instagram message on Sponsor’s Instagram page.  IT IS THE ENTRANT'S SOLE RESPONSIBILITY TO CONFIGURE HIS/HER INSTAGRAM PRIVACY SETTINGS SO AS TO RENDER THEIR POSTS VIEWABLE BY SPONSOR, AND ENTRY INTO THIS SWEEPSTAKES WILL BE DEEMED ENTRANT’S CONSENT TO BE CONTACTED BY SPONSOR IN THE MANNER SET FORTH ABOVE.

PRIZE CONDITIONS: Potential winner may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity form within seven (7) days of date of attempted notification. By accepting a prize, the winner agrees to release and hold harmless the Released Parties and Instagram from and against any claim or cause of action arising out of the awarding, delivery, receipt, use and/or misuse of the prize(s) awarded. Winner will be responsible for all local, state, and federal taxes associated with the receipt of their accepted prize. The winner is solely responsible for all matters relating to prize package after it is awarded. If a prize package component or prize notification is returned as unclaimed or undeliverable to a potential winner, if a potential winner cannot be reached within three (3) calendar days from the first notification attempt, if a potential winner fails to execute and deliver the Affidavit of Eligibility/Release of Liability/Publicity form (if any) within the above-referenced or any other stated deadline, or if a potential winner is not in compliance with these Official Rules, then such potential winner shall be disqualified and an alternate winner may be selected for the prize at issue.

By accepting a prize, to the extent permitted by law and without limiting any term or condition of these Official Rules, the winner agrees to grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the winner’s Sweepstakes Post(s), full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.

 

IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(s).

 

By participating, entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the prize(s). The winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).

 

DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.  By participating in the Sweepstakes, entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of New York; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

 

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

 

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written.  The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof.  No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by the Sponsor.  The waiver by Sponsor of any provision of these Official Rules shall not constitute a waiver of any other provision herein.  The rights and obligations hereunder may not be assigned by entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void.  These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and entrant. 

 

WINNER’S NAME REQUEST:  To request the name (first name only), city, and state of residence of the winner, please send a self-addressed, stamped business size envelope, for receipt by December 1, 2023, to: RISE Brewing Co. Sweepstakes Winner’s Name Request, 79 Delancey, New York, NY 10002.