Miller's 34th Birthday Sweepstakes Official Rules

1. PROMOTION PERIOD: The Miller’s Ale House Miller’s 34^th Birthday Sweepstakes (the “Sweepstakes”) begins at 12:00 AM Eastern Time (“ET”) on October 15, 2022 and ends at 11:59 PM ET on October 17, 2022 (the “Promotion Period”).  At the end of the Promotion Period, a random drawing will be conducted to select up to thirty-four (34) winners of a $100 Miller’s Ale House Promotional Card and Miller’s Swag items from among all eligible entries received, as set forth more fully below.  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 and abide by these Official Rules and the decisions of Miller’s Ale House, Inc., located at 5750 Major Blvd, Suite 400, Orlando, FL 32819 (“Sponsor”), which shall be final and binding in all respects.

2. ELIGIBILITY: The Sweepstakes is open only to legal residents of Delaware, Florida, Georgia, Illinois, Maryland, New Jersey, New York, Pennsylvania, Tennessee and Virginia who are eighteen (18) years of age or older at time of Entry. Officers, directors and employees of Sponsor, and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, food vendors, advertising and promotion agencies (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Sweepstakes or win a prize.  This Sweepstakes is void where prohibited. Winning a prize is contingent upon fulfilling all requirements set forth herein.  A free Instagram or Twitter account is required.  To sign up for Instagram, go to www.instagram.com.  Use of the Instagram service will be subject to Instagram’s data policy and terms of use, which are available at: https://help.instagram.com/155833707900388 and https://help.instagram.com/581066165581870?ref=dp.  To sign up for Twitter, go to www.twitter.com. Use of Twitter will be subject to Twitter’s privacy policy and terms of service, which are available at: https://twitter.com/en/privacy and https://twitter.com/en/tos.  This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter.

 

3. HOW TO ENTER: At the beginning of the Promotion Period, Sponsor will publish a post on its Instagram account and Twitter account @millersalehouse announcing the Sweepstakes and inviting entrants to enter the Sweepstakes (the “Sweepstakes Post”). To enter the Sweepstakes, eligible entrants must complete the following steps during the Promotion Period: (i) like or follow the @millersalehouse Instagram or Twitter account; (ii) like the Sweepstakes Post; and (iii) post an original comment on the Sweepstakes Post that that complies with the “Comment Guidelines” below, tag one (1) or more friends and incorporates the hashtags #MillersAleHouse, and #Sweepstakes (each, a “Comment”).  Upon completing the required steps, Entrants will receive one (1) entry into the Sweepstakes.  The Comment must meet the following “Comment Guidelines”: (i) the Comment must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties and (ii) the Comment must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable. Each entrant’s social media account must be public to enter the Sweepstakes.  You must have permission from the people you tag.

Limit one (1) entry per person per Instagram or Twitter account.  All entries must be received by the end of the Promotion Period in order to participate.  The Sponsor’s database clock will be the official timekeeper for this Sweepstakes.  Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Sweepstakes will be used in accordance with Sponsor’s privacy policy located at https://millersalehouse.com/legal-privacy/.

Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.  Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its 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.  The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Sweepstakes or by any technical or human error which may occur in posting Comments, or processing of the entries in the Sweepstakes.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

4. WINNER NOTIFICATION:  After the end of the Promotion Period, the Prize winners will be randomly selected in a drawing from all eligible entries received during the Promotion Period.  Potential winners who entered will be contacted by Sponsor via Instagram or Twitter Direct Message (“DM”) or comment, on or about the business day following the random drawing in which they were selected. Potential winners will be asked to provide additional information to the Sponsor, including email and postal address. Noncompliance within this time frame, return of prize notification as undeliverable, or declining the prize for any reason, will result in disqualification and selection of an alternate winner. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.  In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.  Only up to two (2) alternate random drawings will be held for each available prize, after which the prize may remain un-awarded.

5. PUBLICITY RELEASE: By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Sweepstakes, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, social media tag, likeness, and biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, advertising and promotional purposes or the Sweepstakes or other promotions, and each entrant and/or prize winner hereby release the Promotion Entities from any liability with respect thereto.

6. PRIZES/ODDS: There are thirty-four (34) prizes available in the Sweepstakes.  Each prize consists of two (2) Miller’s Ale House promotional gift cards for Fifty Dollars ($50), one (1) Miller’s Ale House t-shirt, one (1) Miller’s Ale House cell phone magnetic wallet, one (1) Miller’s Ale House sunglasses and one (1) Miller’s Ale House beverage koozie valued at Twenty Dollars ($20).  Promotional gift cards expire on 12/31/2022.  Promotional gift cards cannot be used to purchase alcoholic beverages and are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the Miller’s Ale House Gift Card complete terms and conditions, including expiration dates. The total approximate retail value of all prizes awarded in this Sweepstakes is Four Thousand and Eighty Dollars ($4,080).  Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.

No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Applicable portions of prize will be delivered only to an address in the United States.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

7. GENERAL PRIZE CONDITIONS:  Prizes will be awarded only if each potential prize winner fully complies with these Official Rules.  All portions of the prizes are non-assignable and non-transferable.  Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only.  All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.  No cash alternative or substitution of the prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize.  The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W­8BEN, IRS Form W­9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prizes and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable.  Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If a winner is under the age of majority in such winner’s state of residence (a “minor”) at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents.  If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents by the deadline specified in the prize notification, the winner may be disqualified and an alternate winner may be selected.

8. GENERAL RULES: In no event will more than the stated number of prizes be awarded. If an entrant submits more than the stated number of Entries permitted, and/or if the Sponsor suspects that an entrant attempted to obtain additional Entries by using multiple phone numbers, email addresses, registrations, identities or any other method, all Entries submitted by the entrant may be declared null and void. Entrants/winners agree to release, discharge and hold harmless Released Parties, Instagram, and Twitter, from and against any and all liability (including damages caused or claimed to be caused) arising out of participation and/or acceptance/use of prize, and agree to be bound by these Official Rules and the Sponsor’s decisions, which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the sweepstakes or in the announcement of the prizes. Entrants agree that the Released Parties, Instagram, and Twitter (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.   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.  Sponsor assumes no responsibility for undeliverable direct messages or emails 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 Instagram, Twitter, or email account to receive message and/or email. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug or other technical problem corrupts the administration or security of the Sweepstakes or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion as determined by Sponsor, in their sole discretion. In the event of termination, drawing for all remaining prizes will be conducted from among all eligible Entries received prior to termination.

9. LIMITATIONS OF LIABILITY:  The Released Parties, Instagram, and Twitter are not responsible for:  (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software whether originating with entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, incomplete, incorrect, stolen, or postage due entries/mail; or (f) any injury 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 or use or misuse of any prize.  If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the stated number of prizes be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

10. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. By participating in this Sweepstakes, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against the Released Parties arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Orlando, Florida (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Released Parties’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or any Released Party; and (8) (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

11. PRIVACY: Any personal information that you provide in connection with the Sweepstakes shall be used by Sponsor to administer this Sweepstakes, contact entrants, and for the other purposes set forth in the Sponsor’s privacy policy located at https://millersalehouse.com/legal-privacy/. By entering this Sweepstakes you agree to and accept that privacy policy. If entrant authorizes, by opting in, Sponsor may provide entrant with information relating to products, services and promotions of Sponsor and affiliates of Sponsor.  By participating in this Sweepstakes, entrants are providing information to Sponsor, not Instagram or Twitter.

12. WINNERS LIST: To obtain a copy of any legally required winner’s list, or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Miller’s Ale House, Attn: Marketing – Miller’s 34^th Birthday Sweepstakes, 5750 Major Blvd., Suite 400, Orlando, FL 32819.  All such requests must be received within six (6) weeks after the end of the Promotion Period.

13. RIGHTS IN SUBMISSIONS:  For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Promotion Entities, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Comment, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity.  The Promotion Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Comment for any purpose which the Promotion Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Promotion Entities shall retain the rights granted in each Comment even if the Comment is disqualified or fails to meet the Comment Guidelines or even it if it determined that the entrant who made the Comment is ineligible to enter the Sweepstakes.

14. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:  Each entrant (and any minor entrant’s parent or legal guardian) represents and warrants as follows: (i) the Comment does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Comment meets the Comment Guidelines, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each entrant (and any minor entrant’s parent or legal guardian) agrees to indemnify the Promotion Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Sweepstakes.

15. PUBLICITY RELEASE:  Without in any way limiting the rights granted in the Comment, as set forth above, acceptance of a prize constitutes winner’s permission for the Promotion Entities to use each winner’s Comment (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sweepstakes, Promotion Entities, and all uses of the Comment permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.

16. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:  Each entrant (and any minor entrant’s parent or legal guardian) hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Comment (if applicable) to Sponsor for purposes of the Sweepstakes does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Comment. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Promotion Entities or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Comment and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Comment. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Comment or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

17. NO OBLIGATION TO USE:  The Promotion Entities shall have no obligation (express or implied) to use any Comment, or to otherwise exploit any Comment or, if commenced, to continue the distribution or exploitation thereof, and the Promotion Entities may at any time abandon the use of the Comment for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.

18. FURTHER DOCUMENTATION:  If Sponsor shall desire to secure additional assignments from the entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.

19. WINNERS LIST/OFFICIAL RULES:  To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The Miller’s Ale House Miller’s 34^th Birthday Sweepstakes Winners List, 5750 Major Blvd, Suite 400, Orlando, FL 32819.  All such requests must be received within six (6) weeks after the end of the Promotion Period.